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(영문) 서울고등법원 2021.01.28 2019나2054192
물품대금
Text

1. Of the judgment of the first instance, the part against the defendant in excess of the amount ordered to be paid below is revoked, and that part is revoked.

Reasons

The Plaintiff supplied the Defendant with the goods equivalent to KRW 1,146,41,660 from January 24, 201 to January 30, 2015, the scope of the judgment of this court sought payment of KRW 1,146,441,60 from the first instance to the Defendant, on the ground that the Plaintiff was paid KRW 20,000 on January 13, 2017, and KRW 30,000 on February 17, 2017, respectively, for the reason that the Plaintiff received each payment of KRW 1,096,41,660 on the remaining goods and delayed damages.

The court of the first instance affirmed the Plaintiff’s claim that “the principal of the price of goods 1,096,441,660 won and the amount of delayed damages calculated at the rate of 12% per annum from June 1, 2015 to December 17, 2018, and the amount of late damages calculated at the rate of 12% per annum from the next day to the day of full payment,” and rendered a judgment dismissing the remainder of the claim for late damages (the amount exceeding the amount of delayed damages calculated at the rate of 12% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings following the amendment of Acts and subordinate statutes).

Of the judgment of the first instance, the Defendant appealed only to the part against the Defendant regarding the claim for payment of the amount of KRW 225,721,030 for the goods of April 29, 201 and the amount of delayed damage.

Therefore, the scope of the judgment of this court is limited to the claim for the purchase price of the goods by the defendant on April 29, 201 and the delayed damages.

2. Determination as to the claim for the remainder of the goods price of April 29, 201 225,721,030 won, excluding the remainder of the goods price of KRW 870,720,630, and damages for delay thereof - The reasoning of the judgment of the court of first instance citing the reasoning of the judgment of the court of first instance is as stated in the part “1. Determination as to the cause of claim” in the reasoning of the judgment of first instance, except for the following cases, and thus, it is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Section 1-A(3) of the first instance judgment "1,146,41,660 Won" is "920,720,630 Won".

The 3 pages of the first instance judgment "1,096,441,660 won (=1,146,441,660 won - 20,000 won - 30,000,000 won)" are "870,720,630 won (=920,720,630 won - 20,000,000 won - 30,000 won)".

3. Person on April 29, 201

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