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1. The Defendant shall pay to the Plaintiff KRW 29,939,682 and the interest rate of KRW 15% per annum from August 11, 2016 to the date of complete payment.
Reasons
1. Basic facts
A. On January 2015, at the Defendant’s request, the Plaintiff supplied steel products of KRW 59,939,682 in total as a factory of B Company C designated by the Defendant.
B. On February 25, 2015, the Plaintiff issued a transaction statement and a tax invoice to the Defendant claiming the amount of KRW 59,939,682.
C. On April 6, 2015, C paid to the Plaintiff KRW 18 million in the name of D, and KRW 12 million in April 17, 2015, respectively.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, witness E, testimony of Eul, purport of whole pleadings
2. The fact that the plaintiff issued or issued a trade statement and a tax invoice in the name of the defendant at the request of the defendant and supplied steel products is as seen above.
Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the amount of 29,939,682 won unpaid (=59,939,682 won - 30 million won) and damages for delay.
As to this, the Defendant asserts to the effect that, at the time of the Plaintiff’s supply of steel products to a steel industry, C was not able to obtain a tax invoice from the Plaintiff due to the closure of business registration of C at the time of the Plaintiff’s supply of steel products to the factory, the Plaintiff’s E, the Defendant’s F, and C, instead of for convenience C, agreed to issue an order and a tax invoice in the name of the Defendant, and that if C pays the price of the goods in full to the Plaintiff in the future, the return of tax invoice was made.
The Plaintiff’s delivery place of steel products is C’s factory, and C’s use of the said steel products and the fact that D paid a total of KRW 30 million to the Plaintiff on two occasions at C’s request is as seen in the foregoing basic facts.
However, the above facts and the evidence submitted by the defendant alone are supplied with steel products between the plaintiff, the defendant, and C.