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(영문) 서울동부지방법원 2017.08.10 2016가합110848
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion asserts that, from May 26, 2015 to June 30, 2016, the Defendant is obligated to supply the Defendant with the combustion equipment and parts equivalent to KRW 706,221,306, and received KRW 364,224,00 out of the price of the goods from the Defendant, and that the Defendant is obligated to pay the remainder of the price of the goods and delay damages.

2. The fact that the Defendant issued a total of KRW 706,221,306 to the Plaintiff from May 26, 2015 to June 30, 2016 is no dispute between the parties.

However, in general, a tax invoice is only a report document prepared to prove the past fact of supplying goods or services to a person who is supplied by an entrepreneur prescribed in the Value-Added Tax Act (see Supreme Court Decision 2001Da53714, Dec. 14, 2001). In this case where the Defendant asserts that only the above tax invoice was issued formally without actual transaction with the Plaintiff, it is insufficient to recognize that the Plaintiff supplied goods equivalent to the amount as alleged by the Plaintiff solely on the basis of the entries in Nos. 2 and 5-1 and 2, or the issuance of the above tax invoice, and there is no other evidence to prove otherwise.

3. The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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