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1. The defendant shall pay 36,092,00 won to the plaintiff and 20% per annum from March 18, 2014 to the day of complete payment.
Reasons
1. The following facts of recognition may be found either in dispute between the parties or in full view of the respective entries in Gap evidence 1 to 3 and the whole purport of pleadings:
The Plaintiff is a person who sells clothes with the trade name of “C,” and the Defendant is a person who sells clothes with the trade name of “D.”
B. In accordance with the Defendant’s order, the Plaintiff supplied 240,272,000 won (excluding value-added tax) in total from October 22, 2012 to December 28, 2012.
C. The Defendant paid KRW 178,00,000 to the Plaintiff by December 7, 2012, and thereafter, additionally paid KRW 28,200,000 over 20 times from January 7, 2013 to December 25, 2013. The sum of the money the Defendant paid to the Plaintiff as the price for goods is KRW 206,20,000, excluding value-added tax.
Meanwhile, the Plaintiff issued a tax invoice of KRW 195,80,000 on December 31, 2012 (i.e., KRW 178,000,000 on a total of KRW 143,000 and KRW 143,000 on a value-added tax of KRW 178,000 on a value-added tax of KRW 17,800 on a value-added tax) and delivered it to the Defendant. From March 31, 2013 to December 31, 2013, the Plaintiff issued a tax invoice of KRW 22,220,000 on a total of KRW 20,00 on a value-added tax of KRW 178,00 on a value-added tax of KRW 178,00 on a value-added tax of KRW 178,80,00 on a value-added tax of KRW 20,200 on a value-added tax of KRW six times.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant: (a) KRW 34,072,00,00 (=240,272,000; KRW 206,200,000; and (b) the amount equivalent to the value-added tax not paid to the Plaintiff out of the amount of the total tax invoice issued by the Plaintiff in 22,220,000, which was issued by the Plaintiff in March 18, 2013; and (c) KRW 36,020,000,000, which was the sum of the amount of the tax invoice issued by the Plaintiff in March 18, 2014; and (d) as sought by the Plaintiff, the delivery of a copy of the complaint in this case, as sought by the Plaintiff.