logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.10.18 2018나1155
물품대금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim not judged in the first instance court is dismissed.

3...

Reasons

1. In the first instance court, the Plaintiff filed a claim for the purchase of goods and the conjunctive claim for damages, and the first instance court rejected the primary claim and did not determine the conjunctive claim, and the Plaintiff appealed on this point.

Where a judgment was rendered without judging the conjunctive claim while rejecting the main claim, the part of the conjunctive claim, for which the judgment was omitted, shall also be transferred to the appellate court (see, e.g., Supreme Court en banc Decision 98Da2253, Nov. 16, 200). The part of the conjunctive claim, for which the first instance court did not render the judgment according to the plaintiff's appeal, shall also be transferred to the appellate court, and shall be included in the scope of the judgment of this court.

2. The Plaintiff is a social welfare foundation that performs social welfare business, etc. in the trade name of “B”.

[Ground of recognition] Unsatisfy, Gap evidence 10-2, the purport of the whole pleadings

3. Main claim;

A. On July 4, 2017, the Plaintiff asserted that: (a) around July 4, 2017, the Plaintiff made a request from the Defendant and supplied the Defendant with the payment of KRW 1,950,000 to the Defendant; (b) made an oral contract to pay the Plaintiff the payment of KRW 1,950,000 to the Plaintiff; and (c) refused to receive the payment to the Defendant; and (d) the Defendant is obliged to pay to the Plaintiff the amount of KRW 1,950,000 and the delay damages calculated at the statutory interest rate from July 11, 2017 to the date of full payment.

(b)for the purpose of the conclusion of a judgment contract, the parties’ agreement is required to be reached, and the agreement is not required with respect to all matters forming the content of the contract in question, but with respect to its essential or important matters, standards and methods which may either be specifically and specifically agreed upon or may be specifically specified in the future.

arrow