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(영문) 서울고등법원 2019.12.11 2019나2004623

물품대금

Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the judgment against the Plaintiff (Counterclaim Defendant) corporation that orders payment below.

Reasons

The scope of the court's adjudication

A. In the first instance trial, the Plaintiff Co., Ltd. filed a claim against the Defendants and Co-Defendant F of the first instance trial for damages amounting to KRW 258,822,640 (the part regarding the supply contract of this case 1,22,640 as seen earlier; hereinafter referred to as “afterward” in this paragraph). ② The Plaintiff Co., Ltd. filed a claim against the Defendants and Co-Defendant F of the first instance trial for restitution of damages amounting to KRW 382,360,620 (related to the supply contract of this case 3,40,620). ③ The Plaintiffs filed a claim against the Defendants and Co-Defendant F of the first instance trial for restitution of damages amounting to KRW 30,000,000, KRW 30,83,500 (the supply contract of this case) and the amount equivalent to KRW 250,320 (the supply contract of this case) and the supply contract of this case against the Plaintiff Co-Defendant F of the first instance and the first instance.

B. The first instance court rendered a judgment of the first instance court that partly accepted the Plaintiff Company A’s claim for the price of ancillary goods related to the instant supply contract, and the claim for the price of goods related to the instant supply contract of the Plaintiff Company B to Defendant C among the counterclaim, and partly accepted Defendant D’s claim for restitution related to the instant supply contract of the Plaintiff Company A with respect to the instant supply contract of the Plaintiff Company A, and dismissed all claims except the above part among the main claim and counterclaim claim.

C. However, with respect to the judgment of the court of first instance, the part against the Defendants regarding the claim against the Defendants for the payment of the goods under each of the supply contracts of this case (the above "A. A., B.) but the purport of appeal is Defendant C and D.