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(영문) 서울고등법원 2019.07.11 2018나2070807
판매대금 및 이자 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The ground for appeal by the plaintiff citing the judgment of the court of first instance is not significantly different from the argument in the court of first instance, and even if the evidence additionally submitted in the court of first instance was examined in the evidence admitted in the court of first instance, the fact-finding and judgment of the court of first instance

Therefore, this court's reasoning is the same as the reasoning of the judgment of the court of first instance, except for a partial dismissal or addition as follows. Thus, this court's reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

An abbreviationd name established in the judgment of the first instance is also used below the same.

[Supplementary or supplementary parts] Part 5 of the judgment of the court of first instance shall consist of "16 through 21, 24" in Part 5 of the judgment of the court of first instance.

Part 5 of the first instance judgment, "No. 14" in Part 6 of the first instance judgment shall be added to "(including each number, if any; hereinafter the same shall apply)."

The following shall be added to the 14th end of the first instance judgment.

In addition, the e-mail of May 28, 2015 states that “The business contents of the Gu Do sold to us (Defendant) after purchase from EM,” and “I am to deliver a supply contract to us (Defendant) in E-mail,” but it is difficult to presume that the Defendant made a purchase promise to the Plaintiff only by the content of such e-mail.

[] The following is added to the 13th end of the first instance judgment.

The following shall be added to the 11th end of the judgment of the first instance, "C shall not report or obtain approval on the re-purchase terms in the above process to the commercial or approval authority."

On the other hand, there is no indication on the certificate of the personal seal impression attached to the seal imprint attached, while the seal imprint affixed to the letter of the purchase commitment of this case (hereinafter referred to as "the seal imprint affixed to the letter of the purchase commitment of this case") contains no indication. The letter of the purchase commitment of this case is a certificate of the personal seal impression.

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