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(영문) 의정부지방법원 2015.04.17 2014나12127
미수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. While engaging in the manufacturing and wholesale business of printed trade promotional products with the trade name of “F,” the Plaintiff began to supply goods, such as consideration, name, and stuff, from August 201, to D, a director of the Plaintiff Company G (hereinafter “Nonindicted Company”) from around August 201. The Plaintiff did not issue a tax invoice in the name of the Nonparty Company in relation to the transaction of goods.

B. From the end of October 201, the Plaintiff newly registered the name “E” from D, which is the Defendant’s wife. In the future, upon receiving a request to issue a tax invoice to that effect, the Plaintiff issued the tax invoice on October 31, 201 with respect to some of the goods transaction from October 31, 201 to December 201, and issued the tax invoice of KRW 7,219,465 (including value-added tax; hereinafter the same shall apply), KRW 2,792,790, KRW 3,135,00 on November 30, 201, and KRW 2,792,790 on December 31, 201, and KRW 3,135,00 in the name of each “E” in the future of the Defendant, who is the nominal owner of each “E”.

C. The Plaintiff continued to supply goods to D until September of the year of 2012, but did not issue a tax invoice to the Defendant in relation to the goods transaction in the year of 2012.

Meanwhile, the Plaintiff’s price of the goods supplied to D, the outstanding amount, the outstanding amount, the accumulated amount, the transaction counterpart on the Plaintiff’s statement of the transaction in the Plaintiff’s preparation, the person supplied the Plaintiff’s tax invoice, and the supply price are as follows: (a) from August 201 to September 201, 201; (b) from October 201 to December 201, 2011, “the first period”; and (c) from January 201 to September 201, 201, “the second period”; and (d) from September 2012 to September 201, 201, the outstanding amount as of September 30, 2012, is 23,637,268 won (excluding value-added tax; hereinafter “instant amount”).

The "the other party to the transaction" statement (the original) of the outstanding amount (the original) in the accumulated amount (the original) of the supply period.

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