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(영문) 서울고등법원 2017.06.15 2016나9027
물품대금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. Judgment on the plaintiff's main claim

A. On November 10, 2014, the Plaintiff received a proposal from the Defendant to request the production of rhestrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhr

(2) The Plaintiff produced and supplied the heat (hereinafter “instant heat”) to the Defendant from November 10, 2014 to February 2, 2015 under the instant contract for the clinical processing. Of the clinical processing costs of the instant heat supplied by the Plaintiff to the Defendant, the Plaintiff was paid from the Defendant, and from November 2014, but did not receive any KRW 9,65,525, and KRW 4,815,250 on January 2015.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 4, and 10 (if there are provisional numbers, including branch numbers; hereinafter the same shall apply), part of the witness C of the first instance trial, the purport of the whole pleadings

B. According to the above facts of determination, the Defendant: (a) KRW 14,470,775 (i) the total amount of the accrued processing costs for the instant heat (i.e., KRW 9,655,525, supra) and KRW 4,815,250) as the Plaintiff seeks, and (b) the following day on which the original copy of the instant payment order was served to the Defendant, as requested by the Plaintiff, is obvious from March 28, 2015 to September 30, 2015; (c) Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings; (d) the main sentence of Article 3(1) of the Addenda (Presidential Decree No. 26553, Sep. 25, 2015) of the former Special Provisions (amended by Presidential Decree No. 26553, Sep. 25, 2015); and (e) the annual payment is made from the following day.

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