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(영문) 대전고등법원 2020.09.16 2020나11306

채무부존재확인

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The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

The plaintiff's grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and in light of the evidence submitted in the court of first instance, the fact-finding and the judgment of the court of

Therefore, the court's explanation on the instant case is consistent with the reasoning of the judgment of the court of first instance, except for a partial addition as follows. Thus, this court's explanation is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

Part 4 of the first instance judgment provides that "The defendant who is required to be supplied with goods for a long period of contract at the first time shall be required to maintain the appropriate price or to change the above price at a price suitable for the market supply price of the plaintiff." The obligation to maintain preferential treatment is limited to the duty to maintain at least the price of the plaintiff's goods supplied by the plaintiff at a reasonable price appropriate for the market supply price, and the plaintiff negotiates on the basis of the price of goods supplied to the market so far, so it cannot be said that the plaintiff's interest can not be unduly restricted."

Of the first instance judgment, the Plaintiff asserted that “A” was under-calculated by the Defendant as to the installation cost of E, but, in other words, the Defendant’s installation cost of KRW 10,335 per square meter, which is the lowest standard of KRW 21,000,00, based on the above evidence and the entire purport of the pleadings, is considered as a whole. In order to calculate the reasonable estimated price of construction works executed by the public agencies, such as the government, etc. under a product contract where there was no agreement between the Plaintiff and the Defendant for calculating the installation cost of E in relation to the supply of E’s goods, the supply cost of KRW 10,35 per square meter, based on the representative, standard, universal type, and method of construction by unit process.