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(영문) 서울고등법원 2014.11.04 2014나38175

물품대금

Text

1. The defendant's appeal is dismissed.

2. The defendant shall bear the total costs of the lawsuit after filing the appeal.

purport, purport, and.

Reasons

1. The grounds for a judgment of the first instance shall be quoted for this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;

However, we add to the judgment on the defendant's main defense of safety and on the defendant's representation or representation in this court as follows.

2. Parts in height:

(a) Of the judgment of the first instance court, 2.2.1(a) shall be advanced as follows:

A. The plaintiff is the People's Republic of China (hereinafter referred to as "China").

) The company incorporated pursuant to the law and engaged in the manufacture, sale, export, and import, etc., of clothing is limited liability company established pursuant to the same paragraph, less than China's necessity, and the Defendant is a national of the Republic of Korea who runs the wholesale and retail business, etc., of clothing under the trade name "C (title after modification: D). The Plaintiff is a female boom (hereinafter "the instant land") between the Defendant and the Plaintiff on November 27, 20

() The head of the goods supply contract (hereinafter “instant contract”) that stipulates that KRW 50,000 shall be shipped until December 31, 2010 and shall be supplied to the Defendant. The Defendant shall pay the price for the shipment of USD 4.3 per head of the contract to USD 215,00 in total (= USD 4.3 x 50,000) through the credit.

1) "....."

B. Of the judgment of the first instance court, 3 pages 2-2(a) shall be raised as follows:

Since the Plaintiff is a Chinese corporation and there is a foreign element, the governing law should be determined pursuant to the Private International Act. The original Defendant agreed on the governing law applicable to the instant case on the date of the sixth pleading of the first instance trial as the law of the Republic of Korea. On the other hand, the Republic of Korea on February 17, 2004, the United Nations Convention on Contracts for the International Sale of Goods for the International Organization 1980, hereinafter referred to as the “Convention”).

The UNFCCC has entered into a contract for the sale of goods between the parties whose place of business is located in the other countries, and according to Article 1(1) of the UNFCCC, if all the parties concerned are the other countries.

The Plaintiff whose principal office is located in China and the Defendant whose principal office is located in the Republic of Korea.