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(영문) 서울고등법원 2018.02.07 2017나2040113
물품대금등
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the following amount exceeds the amount ordered to be paid.

Reasons

1. In the first instance court, the Plaintiff filed a claim for the return of the price already paid, the compensation for delay, and the compensation for damages due to the defect in the installed machinery (the cost of installing additional facilities and the damages equivalent to the rent of the factory) against the Defendants as the principal lawsuit due to the rescission of the contract. Defendant B filed a claim for the payment of the remainder of the contract as a counterclaim. The first instance court partly accepted the claim for the refund of the price already paid and the compensation for delay, and dismissed the claim for the damages due to the defect in the installed machinery, respectively.

As to this, only the defendants appealed against the cited part of the main claim and the dismissed part of the counterclaim, the subject of the judgment of this court is limited to the above dismissed part.

2. The cited judgment of the court of first instance, excluding the conclusion among the reasons to be stated in this case, is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it shall be quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, in addition to the addition or dismissal as

3. Each “Appraiser” among the judgments of the first instance court, which this Court states to be dismissed or added, shall be deemed to be “Experts of the first instance court”, “on-site inspection of this court” to be “on-site inspection of the first instance court”, and “court appraisal” to be “the result of the appraisal of the first instance court H”.

Part 3 of the judgment of the first instance court, Part 5 "E" shall be deemed to be K.

The following shall be added between 3rd and 16th of the first instance judgment:

“The seller”, “the seller,” and “the buyer,” mean the Plaintiff. The seller of the machinery ordered by the buyer, “the seller,” and “the seller,” enter into a contract with the seller to manufacture and deliver and install “the machinery” at a place designated by the buyer pursuant to the terms and conditions of this Agreement (including supplementary materials).

Article 2 (Limits of Composition and Performance of Machinery) 6) The members of the machinery specifications shall be based on the data separately attached. 5 pages of the judgment of the first instance.

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