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1. The Defendant’s KRW 28,528,050 as well as the Plaintiff’s KRW 6% per annum from September 5, 2019 to February 11, 2020, and February 12, 2020.
Reasons
1. Determination on the cause of the claim
A. The Plaintiff’s assertion that he/she was entitled to KRW 134,095,200,000 from December 14, 2017 to June 30, 2018, when running the original wood wholesale business with the trade name of “C”, the Plaintiff supplied the Defendant (mutual “D”) with the total sum of KRW 1,446.72 tons (per ton) and KRW 48.63 tons (per ton) and KRW 134,095,200, and paid KRW 105,00,000 from the Defendant with the remainder of the goods (i.e., KRW 134,095,200, KRW 105,000, KRW 105,000, KRW 105,000, KRW 105,000, KRW 200, KRW 301,000 and KRW 208,07,017.
B. In full view of the purport of the evidence No. 1 and the purport of the entire pleadings, it can be acknowledged that the Plaintiff supplied the Defendant with 1,425.12 tons of Bab charcoal 1,425.12 tons (the “Trub” at the bottom of the 21.6 tons certificate of fake measurement on January 15, 2018) and 70.23 tons of fossils from December 14, 2017 to June 30, 2018.
Meanwhile, there is no dispute between the parties as to the fact that the price of carbon per ton has been determined as KRW 90,000,000,000 per ton, but in the case of wood, it is not sufficient to recognize only the statement of evidence No. 3 as to the fact that the defendant set the price as KRW 80,000 per ton exceeding KRW 75,00,000 as
Ultimately, when calculating the price for the items supplied by the Plaintiff to the Defendant during the above period, the amount of KRW 128,260,80 (i.e., KRW 1,425.12 x KRW 90,00) plus KRW 5,267,250 (i.e., KRW 70.23 tons x KRW 75,050), shall be KRW 13,528,050,000, which is the remainder of the price for the items remaining after deducting KRW 1,500,000,000 for which the Plaintiff was paid from the above amount, based on the tax invoice issued by the Plaintiff, shall not be recognized in light of the content that the Defendant filed a tax return by the Plaintiff.