(영문) 의정부지방법원 2017. 12. 7. 선고 2017나208660 판결[물품대금][미간행]
Plaintiff (Law Firm Uniform, Attorney Shin Jae-chul, Counsel for the plaintiff-appellant)
Souco Korea Co., Ltd.
November 16, 2017
Suwon District Court Decision 2015Kadan89812 Decided July 19, 2017
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The judgment of the first instance is revoked. The defendant shall pay to the plaintiff 126,904,891 won with 6% interest per annum from October 1, 2015 to the service date of a duplicate of the complaint of this case, and 15% interest per annum from the next day to the day of complete payment.
1. Quotation of the first instance judgment
The reasoning of the judgment of this court is as follows, except where the plaintiff added the following additional judgments as to the assertion added or emphasized by this court, and therefore it is identical to the statement of the judgment of the court of first instance.
【Additional Judgment】
In accordance with the instant agreement, the Plaintiff requested repayment of the obligation to the U.S., U.S. and S. S. S., the Defendant’s obligor, but all the two companies did not comply with the Plaintiff’s claim. This constitutes an error in matters other than dispute which is the object of reconciliation, and thus, the Plaintiff asserts that the instant agreement is revoked. However, there is no evidence to acknowledge the above assertion, and thus, the Plaintiff’s assertion is without merit.
2. Conclusion
Therefore, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed.
Final (Presiding Judge) of the judge