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(영문) 서울고등법원 2016.09.13 2015나29314

물품대금

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. The governing law of this case is the case where the Plaintiff, a Chinese legal entity, seeks payment from the Defendant, who is an agricultural product of this case, to the Defendant, who is a Korean legal entity, in accordance with the Private International Act, for the payment of the price for the supply

Article 25 of the Private International Act provides that the governing law of the contractual relationship shall be governed by the law of which the parties have chosen explicitly or implicitly, and the plaintiff and the defendant agree to exclude the governing law of this case from the application of the United Nations Convention on Contracts for the Sale of Goods (UNFCCC) and to the Korean law. Thus, the Korean law is the governing law of this case.

2. The agricultural product price that the plaintiff supplied to the defendant

A. Comprehensively taking account of the purport of the entries and arguments in Gap 1, 3, 4, 6, 8, Eul 20, 29, and 30 (including Serial numbers; hereinafter the same shall apply) from May 21, 2014 to August 26, 2014, the plaintiff supplied the defendant with 1, 2, 5-7, and 11-37 party work and maths. Of them, the price for remaining quantity excluding the above Nos. 25, 26, 31, 32, 34, 37 is the same as the above export content "unit price" and "income amount" corresponding to the corresponding part of the above "unit price" and the defendant agreed to pay the difference between the plaintiff's unit price and the actual increase in the supply price for the relevant type of goods to the plaintiff, but the defendant is entitled to pay the difference between the above unit price and the actual increase in the supply price for the relevant type of goods.

Therefore, the plaintiff's total price of the above-mentioned and the M&I supplied to the defendant is US$ 766,320.