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(영문) 서울중앙지방법원 2019.12.13 2019나39446
물품대금
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. Quotation of the first instance judgment

A. The grounds for appeal by the defendant are not significantly different from the allegations in the first instance court, and a thorough examination of the evidence submitted in the first instance court is justified.

B. Accordingly, the reasoning of this court’s judgment is as stated in the reasoning of the judgment of the first instance, except for adding the following two paragraphs between the fourth and fifth of the judgment of the first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. As to the addition, the defendant argued to the effect that it would substitute the quality of packing materials due to the defect in printed materials supplied by the plaintiff and offer a discount of KRW 1,881,00 among the price of the goods, so the above circumstances should be additionally considered in calculating the amount of the goods unpaid by the defendant. As such, the defendant's assertion that 12,246,90 won should be determined by considering all the above circumstances (see the preparatory documents submitted by the court of first instance on July 19, 2018). Thus, the defendant's above argument is rejected as it is without merit.

3. In conclusion, the judgment of the court of first instance that partly accepted the plaintiff's main claim and dismissed the defendant's counterclaim. Thus, all appeals against the defendant's main claim and counterclaim are dismissed as it is without merit. It is so decided as per Disposition.

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