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(영문) 서울고등법원 2017.09.22 2017나2018352
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On September 2, 2015, the Plaintiff supplied ice products and steel materials to the instant company between Codefendant A Co-Defendant A (hereinafter “instant company”) in the first instance trial, and the instant company entered into a goods supply contract (hereinafter “instant goods supply contract”) with which the Plaintiff would settle the price of the current month on the 25th day of the following month.

B. C on September 14, 2015, jointly and severally guaranteed the freight payment obligation of the instant company under the instant goods supply contract.

C. By February 15, 2016, pursuant to the instant goods supply contract, the Plaintiff supplied the instant company with ice products, etc., and on April 5, 2016, after March 25, 2016, the payment date thereafter, the Plaintiff paid part of the goods to the Plaintiff. The remainder amount is KRW 413,694,637.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 3, and 4 (including paper numbers), and the purport of the whole pleading

2. The reason why this Court's statement concerning this part is as follows: (a) the part concerning "Defendant D" as "Defendant C" and "Defendant C" as "C" is the same as the part concerning "judgment on claims against the defendant" in the reasoning of the judgment of the first instance; and (b) therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. As such, it is reasonable to accept the Plaintiff’s claim against the Defendant on the ground of its reasoning.

The judgment of the first instance is just in its conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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