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(영문) 서울고등법원 2018.03.09 2017나19175
매매대금
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. In the first instance court’s trial scope, the plaintiffs filed a claim against the defendant for the payment of the remaining purchase and sale amount according to the sales contract against the defendant as the principal lawsuit. The defendant set off against the plaintiff M with the warranty liability, incomplete performance, or tort damage liability against the defects arising from the object of sale and purchase as the automatic claim, and at the same time, claimed damages against the plaintiff B as the counterclaim. The plaintiff set off the claim against the purchase and sale amount as the automatic claim against the plaintiff B

The first instance court accepted part of the defendant's claim against the plaintiff M as part of the set-off claim, and dismissed the counterclaim as there was no remaining amount after offsetting part of the recognized damages. The plaintiff M's claim for the main lawsuit was partially accepted, and dismissed the remainder of the main claim.

In addition, by recognizing the Defendant’s claim against Plaintiff B for the full amount of the goods payment claim, the Defendant partially accepted the counterclaim against the remainder of the goods payment after the offset, and the remainder of the counterclaim was dismissed, and the claim against Plaintiff B’s principal claim was entirely dismissed.

As to this, the part accepting the claim against the plaintiff M by only the defendant and the part rejecting the claim against the defendant by each counterclaim against the plaintiffs, the judgment of this court is limited to the above part of the appeal (However, the part which was transferred to the court for the logical flow of the reasons for the judgment but is not subject to the judgment is also limited to the part which was not subject to the judgment). 2.

A. Plaintiff M (the trading name was changed to N, D, A, and M Co., Ltd.) is a company established on July 19, 2002 and engaged in the sales of electric machinery and equipment, real estate rental, housing construction, etc.

Plaintiff

B was the representative director of Plaintiff M, and is in office as auditor from December 1, 2010.

The defendant is established on February 22, 2008, and the electric temperature panel and temperature control devices are manufactured.

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