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(영문) 서울고등법원 2018.09.19 2018나2013323
물품대금
Text

1. The defendant's appeal and the request for return of provisional payment are all dismissed.

2. After filing an appeal.

Reasons

1. The reasons for the entry of this case by the court of first instance concerning this case are as follows. Paragraph 2 of the same Article, with the exception that the defendant added a new judgment on the argument that was newly made in the trial, the reasons for the judgment of the court of first instance are as stated in the main sentence of Article 420 of the Civil Procedure Act.

Part III of the judgment of the first instance court shall add the following in Part VII:

Article 22 (Prohibition of Cheating, etc.)

2. A Party shall ensure that its personnel, representatives, subcontractors and other relevant persons comply with the obligations of this Article.

3. If a party is suspected of having committed an unlawful act, his employee, agent, subcontractor or any other related person, he shall immediately report it to the defendant and shall faithfully cooperate with the defendant in the audit or investigation.

4. Where a party has violated any obligation under this Article, the defendant may terminate the contract or take such measures as suspension of a part or a whole of the transaction, suspension of payment of the costs involved, etc.

Article 23 (Internal Reporting System and Provisions for Protection of Reporters)

1. All other parties to a transaction with the defendant may report on the following matters of the executives and employees of the defendant's ethics:

(A) On December 1, 2017, Busan District Court 2016Gohap84, 958 (In the case of a consolidation, “C and D” have known that the Defendant sold grain supplied from the Defendant at 5% to 7% below the supply price, and on November 2015, the amount of the Defendant’s attempted credit amount reaches 2,707, 970,650 won without securing any security. As such, the Defendant’s attempted credit amount reaches 2,707, 970,650 won.

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