beta
(영문) 서울고등법원 2015.03.27 2014나15059

물품대금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is used again as provided by the following paragraph (2) or where the judgment on a new argument is added at the defendant’s trial. As such, this is cited by the main sentence of Article 420 of the Civil Procedure Act

2. Having participated in the 7th third of the judgment of the court of first instance in the part to be re-written or added, “(or, as the Defendant’s argument, even if F did not directly serve as an employee of the Plaintiff during the above negotiation process, the Defendant seems to have proceeded with specific negotiations through C).”

The 8th decision of the first instance court shall be "," and the statements in the 15 and 16 each of the 1 and 2 statements in the 15 and 16 shall not be followed, and there shall be no counter-proof otherwise."

The Defendant asserts that each of the instant sales contracts, without intent to conclude a contract, is formally prepared only in the form of a sales contract, and thus constitutes a false declaration of intention, and thus the Plaintiff is also aware of it, thus null and void.

However, there is no evidence to acknowledge that the Defendant did not intend to conclude the contract at the time of entering into each of the instant contracts, and even if the above declaration of intention constitutes a false declaration of intention, it is insufficient to acknowledge that the Plaintiff, as the other party, knew or could have known that the Plaintiff was not a true intention, solely based on the statements in subparagraph 2-1 and 2-2 or the testimony in the trial witness F, and there is no evidence to acknowledge otherwise.

Therefore, the defendant's above assertion is without merit.

3. If so, the plaintiff's claim is justified, and the judgment of the court of first instance is just with this conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.