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(영문) 서울고등법원 2016.04.01 2015나19911 (1)

물품대금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The reasons why the court has used for this case are as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or addition of the pertinent parts as follows. As such, it refers to the reasoning of the judgment of the court of first instance as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The fourth decision of the court of first instance refers to the “H” of the fourth decision of the court of first instance as “D”.

(b) Parts V through XII of the first instance judgment are as follows.

【3) From April 1, 2012 to November 7, 2012, the Plaintiff sold phrases in the name of D pursuant to the instant contract, and deducts the sales proceeds of the phrases supplied by another transaction partner from the sales proceeds of the phrases during the said period, the sales proceeds of the phrases sold by the Plaintiff through D are the sales proceeds of the phrases sold by the Plaintiff.

Therefore, the Defendant is liable to pay to the Plaintiff KRW 516,346,727, which was calculated by deducting the purchase amount from the sales proceeds of the goods of the Plaintiff calculated by deducting the purchase amount from the sales proceeds of the goods of the other transaction from the sales proceeds of the D total amount of Seodaemun-gu D during the above period (i.e., total sales proceeds of KRW 718,929,692 - purchase amount of other transaction parties - KRW 202,582,965) as the acquisition amount to be paid by the Defendant to the Plaintiff pursuant to the instant payment note.

A person shall be appointed.

(c)each “Witness” of the 6th and 13th and 9th and 13th decisions of the first instance court shall be considered as the “Witness of the first instance trial”;

The "application for change of purpose of claim and cause of claim" in Part 2 of the 8th judgment of the court of first instance shall be dismissed by "application for change of purpose of claim", and the "date of pronouncement of this decision" in the 3 and 4th judgment shall be read as "date of pronouncement of judgment of the court of first instance".

(e) Parts 9, 20, 20, 100, 100,000 are as follows.

The J of the first instance witness witness of the court of first instance who has prepared the letter of payment in this case in the circumstances of paragraphs (1) through (4) of the above Section 1, and the term "the two parties at that time will terminate the statement of payment in 100 million won."