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1. The Defendant shall pay to the Plaintiff KRW 3,487,278,705 and the interest rate of KRW 15% per annum from March 15, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. On October 30, 2014, the Defendant, who runs the steel structure installation business, etc. under the trade name of “B,” confirmed that the remainder of the price for goods was KRW 754,578,450, while receiving steel plates, etc. from the Plaintiff, and drafted a written confirmation to promise the repayment.
B. After that, from November 2014 to November 2015, the Defendant supplied the Plaintiff with iron plates equivalent to KRW 3,155,418,695, as indicated in the attached form of sales from the Plaintiff, and paid KRW 1,175,00,000 to the Plaintiff.
C. On the other hand, on October 30, 2014, the Defendant prepared a written confirmation to the Plaintiff that the Plaintiff promised to repay KRW 1,232,281,560 of the remainder of the goods price to the Plaintiff, which subsequently received KRW 480,00,000 out of the said goods price.
[Ground of Recognition] A without dispute, Gap evidence 1, 2, 3, Gap evidence 5-1 through 3, Gap evidence 8-1 through 13, Gap evidence 9-1 through 5, Gap evidence 10-1 through 96, Gap evidence 12-1, 2, Gap evidence 13, Gap evidence 14, 15-1, 2, and 3 respectively, the purport of the whole pleadings, and the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff the remainder of the price of goods and the agreed amount 3,487,278,705 won [=the balance of the price of goods 2,734,97,145 won (=the price of goods 754,578,450 won up to October 30, 2014) from November 30, 2014 to November 1, 2015 3,15,415,418,695 - The amount of goods 1,175,000,000 won agreed upon from November 1, 2014 to November 1, 2015] 752,281,560 won (i.e., the balance of the price of goods 1,232,281,560 won - the repayment amount 480,000 won) and damages for delay 315.
The Defendant asserts to the effect that the amount of KRW 3,155,418,695 from November 2014 to November 201, 2015 claimed by the Plaintiff cannot be recognized as being calculated on the basis of false electronic tax invoices. However, the Defendant argues that it cannot be recognized as being calculated on the basis of false electronic tax invoices.