beta
(영문) 서울고등법원(인천) 2020.11.05 2020나10105

물품대금

Text

The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is as stated in the judgment of the court of first instance, if the court excludes the parts to be used or added as described in the following paragraph (2), and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. On the 4th of the judgment of the court of first instance, the evidence Nos. 16 and 17 of the first instance stated "A evidence Nos. 4, B No. 1, 4, 11, 18, and 19, comprehensively taking account of the overall purport of the pleadings," "A evidence Nos. 4, 6, Eul evidence Nos. 1, 4, 11, 18, and 19, and the court's order to submit the tax information by August 26, 2020, as well as the whole purport of the pleadings," and "C witness No. 48" of the 4th of the first instance judgment as "C witness of the court of first instance."

B. On the other hand, the part of the first instance judgment Nos. 5, 15, 16, and 5, 17, i.e., “an event,” shall be followed as follows.

“On the other hand, the Plaintiff traded goods with D Co., Ltd. from December 28, 2016 to November 30, 2018, and from November 30, 2016, the Plaintiff traded goods with F Co., Ltd. from January 30, 2016 to February 28, 2017.”

C. On the 5th page of the judgment of the court of first instance, the statement “B No. 15” in the 5th page of the judgment of the court of first instance shall be written with “the testimony of the witness C of the court of first instance, the statements and images of the evidence No. 15, No. 19, No. 22.”

On the 6th page of the first instance judgment, the following shall be added.

⑤ As alleged by the Defendant, if the essential elements of the instant contract are “to guarantee the Defendant’s exclusive right to supply the instant goods and to purchase the instant heavy equipment from the Plaintiff as compensation therefor,” and if an agreement was reached between the Plaintiff and the Defendant on this matter, it is difficult to understand the circumstances in which the instant contract was not prepared for a considerable period of time after November 11, 2016 upon which the instant contract was concluded.