상환금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
The defendant.
The grounds alleged by the defendant in the first instance court while filing an appeal are not significantly different from the contents alleged by the defendant in the first instance court, and even if the evidence submitted in the first instance court is re-examineed with the defendant's assertion, it is justifiable to reject the defendant's argument, and to find facts and determine the first instance court which
The reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance except for dismissal or addition as follows. Thus, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The defendant in the third page 4 of the judgment of the first instance is moving "the defendant to "the plaintiff".
The instant claim for the determination of governing law is a claim for reimbursement against the Defendant, which is a company established under the Chinese law, established under the Korean law, and has foreign elements. Therefore, the governing law should be determined under the Korean Private International Law.
However, in full view of the purport of the argument in Gap evidence No. 1, the plaintiff and the defendant agreed on the law of the Republic of Korea as the governing law of the contract of this case at the time of conclusion of the contract of this case (Article 16 of the contract of this case). Furthermore, since the plaintiff and the defendant agreed on the governing law applicable to all of the issues of this case at the second hearing of the trial of this case, the law of the Republic of Korea is the governing law of this case (Articles 25 (1) and 33 of the International Judicial Law). Accordingly, the judgment of the court of first instance is legitimate, and the defendant's appeal