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(영문) 서울고등법원 2017.06.02 2016나11310

물품대금

Text

1. Pursuant to the conjunctive claim added at the trial prior to remand, the Defendant shall pay to the Plaintiff KRW 860,173,118 and its amount.

Reasons

1. Scope of the trial of the political party after remand;

A. In the first instance court, the Plaintiff sought payment of the amount stated in the purport of the claim in accordance with the goods supply contract. The court of first instance accepted only a part of the Plaintiff’s claim, and both the Plaintiff and the Defendant appealed.

B. In the trial before remanding, the Plaintiff added the claim for reimbursement of the above amount to the conjunctive tort, and the trial before remanding the case dismissed all the Plaintiff’s primary and preliminary claims, and the Plaintiff appealed.

C. The Supreme Court reversed only the part concerning the conjunctive claim in the judgment prior to remand, and remanded that part to this court, and dismissed the appeal as to the Plaintiff’s primary claim.

Therefore, since the plaintiff's primary claim was separated and finalized by the above Supreme Court's judgment of remand, the scope of the trial court's judgment after remand is limited to the preliminary claim that was destroyed and remanded after the remand.

2. Basic facts

A. The relationship between the parties 1) The Plaintiff is a company engaged in the business of importing, selling, and distributing photographs, optical products, and the business of supplying corporate sales promotions. 2) The Defendant is a public institution affiliated with the Small and Medium Business Administration established for the purpose of expanding markets for small and medium enterprises and supporting small and medium retail business, and is engaged in public relations for products of small and medium enterprises, exhibition business, mail order, electronic commerce transaction business, home shopping hub business, and consignment sales business.

3) The aggregate of three companies E, D, and F Co., Ltd. (hereinafter referred to as “G3 companies”) is “E”, “D”, and “F” respectively.

(A) The term “point sunset business” refers to a business selling goods or providing services in the Internet shopping mall operated by credit card companies, etc. so that customers can use points accumulated with credit cards, etc.

(i) a special sales business (trades between an enterprise and an enterprise, points sunset or enterprises), such as the business.