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(영문) 수원지방법원 2018.05.03 2016나20579
금형대금 등
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. The defendant's grounds for appeal citing the judgment of the court of first instance are not different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are recognized as legitimate even if the defendant neglected the evidence submitted to this court.

Therefore, according to the reasoning of the judgment of the court of first instance as to this case, the defendant is only able to recognize the fact that the above floor soundproof board was delivered to the Geumjin Co., Ltd. and received the relevant mination from the Geumjin Co., Ltd. by delivering the above floor soundproof board to the Geumjin Co., Ltd.," and the 6th 15-17th 17th , "no dispute exists between the parties, but the plaintiff asserts to the purport that the defendant does not have a duty to deliver the above mination to the defendant before receiving the price of the goods from the defendant," and "the fact that the plaintiff was delivered to the defendant on Jan. 6, 2017, which was after the judgment of the court of first instance, was delivered to the defendant on Jan. 6, 2017, which was delivered to the defendant on Jan. 7, 2017," and the 6th 20th 7th cite it as it is in accordance with the main sentence of Article 20 of the Civil Procedure Act.

2. In conclusion, the plaintiff's claim of this case was accepted within the scope of the above recognition, and the defendant's counterclaim of this case should be dismissed as it is without merit.

The judgment of the first instance is just in conclusion, and all appeals against the defendant's principal lawsuit and counterclaim are dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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