1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The status of the party (1) The Plaintiff is a company that manufactures electronic parts.

(2) The defendant is a company that manufactures automobile parts.

B. On June 30, 2017, the Defendant issued an electronic tax invoice of KRW 190,035,00 (hereinafter collectively referred to as “instant tax invoice”) on July 31, 2017, and issued a revised tax invoice of KRW 220,030,70, the value of supply on June 30, 2017, and KRW 190,035,000 (hereinafter collectively referred to as “instant tax invoice”).

C. (1) The Plaintiff remitted to the Defendant’s account KRW 150 million on July 17, 2017, and KRW 150,308,50 on August 16, 2017.

(2) On July 20, 2017, the Plaintiff transferred KRW 6.6 million to the Defendant C’s account.

[Ground of recognition] Evidence No. 1-4, Evidence No. 2-1-3, the purport of the whole pleadings

2. Determination as to the cause of action

A. In order to receive the refund of value-added tax, the Plaintiff asserted that the Plaintiff was issued the instant tax invoice to the tax authority without any actual transaction in return for 3% of the value of supply to the Defendant.

The plaintiff remitted 306,638,500 won to the defendant as the price for goods, but the defendant returned 128 million won to the defendant, and the remaining 178,638,500 won is not paid.

The defendant shall be liable to pay 178,638,500 won in compensation for damages or unjust enrichment and damages for delay.

B. There is no evidence to acknowledge that the Plaintiff and the Defendant sent and received the instant tax invoice on a fake basis without an actual transaction.

The above-mentioned facts alone are insufficient to recognize that the defendant violated any contract, committed a tort, or possessed 178,638,500 won without any legal grounds, and there is no other evidence.

Plaintiff

The argument is without merit.

It is only known that the evidence submitted with the complaint is recognized as above, and the plaintiff shall submit the evidence during the six legal dates for pleading.