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1. The Defendant’s KRW 583,843,00 as well as the Plaintiff’s annual rate of KRW 6% from November 9, 2017 to May 23, 2019, and the following.
Reasons
1. Basic facts
A. The Plaintiff is running a business, such as importing and supplying re-owned bags, etc. with the trade name of “C” (a re-infinites inserted in the chest surgery).
Since 2012, the Defendant received and sold the personal and co-owned bank, etc. (hereinafter “instant product”) imported by the Plaintiff.
B. The Plaintiff first delivered the instant product to the Defendant, and traded it by issuing a tax invoice only for the Defendant’s actual sale of the goods, among the goods that were delivered as above.
C. The Plaintiff, who was supplied with the Defendant, issued a tax invoice of KRW 26,189,894,60 in total from 2012 to 2016 (=the total amount of KRW 27,069,894,60 in total issued tax invoice plus KRW 880,000 in total).
For the same period, the Defendant remitted the amount of KRW 24,614,302,00 to the Plaintiff’s national bank account (=22,956,302,080 + advance payment of KRW 1,658,000).
[Reasons for Recognition] Unsatisfy, Gap's statements in Gap's evidence 1, 3, and 6 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The gist of the cause of the claim is that the Plaintiff supplied the instant product to the Defendant and issued a tax invoice equivalent to KRW 26,189,894,60,00 in total. Since the Defendant paid only KRW 24,614,302,080 to the Plaintiff the total amount of the goods price and the advance payment, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 1,575,592,520 (=26,189,894,894,600 - 24,614,302,00) and the delay damages therefrom.
3. Determination
A. According to the aforementioned facts and the purport of the whole evidence and pleadings, the Plaintiff’s portion of claim for the amount of goods (24,616,864,60 won) based on the tax invoice issued by April 30, 2016 (1) as well as the entire purport of all the pleadings, the sum of the amount of tax invoices issued between March 2, 2012 and April 30, 2016 to March 2016, 25,496,864,600 won, or the sum of the amount of tax invoices issued by the Plaintiff during the period from March 2, 2012 to April 30, 2016 (-80,000,000 won) as the amount of the revised tax invoice issued by the Plaintiff on December 28, 2016 (3).