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1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 62,228,785 as well as the full payment from September 19, 2014.
Reasons
1. Basic facts
A. The Plaintiff is a company that runs the malicious gold-making business, and the Defendant is a person who runs the precious metal retail business in the name of “B”.
The Defendant requested the Plaintiff to process gold boxes (at least 30 cl. c. c. c. c. c. c. c. c. c. c. c.) to be used in the book boxes produced by the Defendant, and the Plaintiff performed gold operations from November 2010 to April 2014 with the Defendant 30,613 c. c. c. c. c. c.
B. Among them, the Plaintiff regularly issued a tax invoice and claimed the payment to the Defendant, and the Defendant paid the payment according to the amount claimed by the Plaintiff. However, the Plaintiff claimed KRW 32,059,255 (including surtax) for the period from March 20, 2014 to April 30, 2014, and the Defendant rejected the payment.
[Reasons for Recognition] Facts without dispute, the purport of the whole argument
2. Judgment on the parties’ assertion
A. The gist of the parties’ assertion (i.e., the Defendant initially agreed on the three set unit price of KRW 20,000 (Additional Tax separately), but instead, by deceiving the Defendant, and applying KRW 22,800 (Additional Tax Separate Tax) per three set; the Defendant did not indicate the unit price or transaction quantity per three set; thus, the Defendant became aware of the fact that he did not properly understand it on May 2014; and the Plaintiff’s improper claim amount of KRW 94,28,040 (total amount of KRW 30,613 x 2,800 x 1.1.), which was deferred by the Defendant, should be returned to the Defendant by unjust enrichment.
D. On December 2010, the Plaintiff filed a claim for payment with the unit price of KRW 22,800 (Additional Tax separately) at the unit price per set. The Defendant did not raise an objection for more than three years, and then raised an objection to the unit price at the latest around May 2014.