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(영문) 서울고등법원 2015.01.30 2014나2028778

매매대금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The following facts may be acknowledged either as a dispute between the parties or as a whole by taking account of Gap evidence 1, Gap evidence 2, Eul evidence 6-1 (the same shall apply to Eul evidence 4), Eul evidence 2, Eul evidence 6, Eul evidence 8, Eul evidence 10-2, Eul evidence 21-1, Eul evidence 24-1, 24-2, Eul evidence 24-1, and Eul evidence 24-2 and testimony of the first instance court witness B.

The Plaintiff is a company whose purpose is to develop, sell, and lease software. The Defendant is a company that sells and leases network-related equipment, and the Defendant is a company that sells and leases business. The Defendant is a company that sells and leases network-related equipment, and the Defendant is a company that is a company (hereinafter “K”).

2) The project undertaken to improve the internal telecommunications network of our bank (hereinafter “instant project”).

Part of the subcontract is accepted, and on December 26, 2012, the Commission system, Inc. (hereinafter “the Commission system”).

(2) On February 14, 2013, the Defendant entered into a contract on the supply of goods to be supplied by the Defendant in relation to the instant project from the Teur System (at issue: H/W: 6500 H/W, 6500 Acry, 6500 S/W (Nm) and the Technical Support Center: H/W, 6500 Acry, 650 Acry, 650 Acsysysy, 650 Cysyssy, hereinafter referred to as “instant equipment”) to the U.S. Si (hereinafter referred to as “Ciena”), which is essential equipment for the instant project, and whose goods are supplied by the Defendant to be supplied with the products of the CESD, PTN, SP, and WDM (including RAOM). However, on February 26, 2013, the Defendant provided a separate notice from the value-added tax item No. 2830,000 won (hereinafter referred to as “instant”).

After that, the defendant and the Commission system changed the price of the instant equipment to KRW 820,133,800, but finally on May 27, 2013.