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(영문) 창원지방법원 2015.10.08 2014가합6220
물품대금 등
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 28,338,898 and as a result, from June 9, 2015 to October 8, 2015.

Reasons

1. Basic facts

A. The pertinent Plaintiff, along with husband D, operates “E” with the purpose of collecting, processing, and selling trade in recyclable materials. The Defendants, as husband and wife, operate “F” with the purpose of collecting, transporting, processing, and exporting wastes.

B. 1) The Plaintiff and the Defendants supply renewable materials (PVC, XLPE) to the Defendants. The Defendants are the goods transaction agreement with the terms that the Plaintiff shall pay the Plaintiff the price for the goods (hereinafter “instant goods transaction agreement”).

2) The Plaintiff concluded a tax invoice on April 19, 201, with the amount equivalent to the recycling materials (PVC) equivalent to KRW 8,125,150 (value 7,386,50, value 738,650) (value 7,38,650, value added tax) on April 19, 2014; and KRW 30,98,808,800 of value 645,600 of value-added tax on June 2, 2014; KRW 24,532,80 of value-added tax on KRW 30,98,80 of value-added tax on KRW 30,80 of value-added tax on KRW 645,60,80 of value-added tax on KRW 30,532,80,00 in cash; and

b.) A tax invoice shall be issued only for KRW 33,308,90 out of the purchase price of KRW 36,852,400 of the purchase price of KRW 354,350 of the purchase price of KRW 36,852,400 of the purchase price of KRW 36,852,400 of the purchase price, and for KRW 3,543,500 of the remainder of KRW 3,543,500 of the purchase price, on June 3, 2014

b. Each supply of a considerable amount of renewable materials (XPE). 【No dispute exists with the ground for recognition, A’s evidence 1, and 2(including paper numbers; hereinafter the same shall apply)

Gap evidence Nos. 3, 7 through 16, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination as to the claim for the price of goods under the instant goods transaction agreement

A. According to the facts established on the basis of the determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 76,96,300 as the purchase price of recyclable materials (PVC) as of April 19, 2014, the sale of recycled materials (XLE) as of June 2, 2014, and the sale price of recycled materials (XLE) as of June 3, 2014.

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