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(영문) 서울중앙지방법원 2020.11.10 2020나31400
물품대금
Text

The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the rejection or addition of the judgment of the court of first instance, and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The phrase “16,380,000 won in total, from January 2, 2013 to March 1, 2014; and the phrase “16,380,000 won in total, from January 2, 2013 to March 1, 2014”; and the phrase “5,000,000 won in January 6, 2013; and the word “4,000,000 won in January 6, 2013; and 2,380,000 won in March 1, 2014; and 1,798,500 won in May 28, 2014; and

After the second end of the judgment of the first instance, “(the repayment amount and the check amount of KRW 29 million from January 2, 2013 to January 6, 2013 from January 2, 2013 during the defense of performance)” were added to “the first one which was already reflected in the two business places of evidence A No. 1-2, and the Plaintiff was not included in the claim amount.” On March 1, 2014 and May 28, 2014, the amount of repayment on March 1, 2014 and May 28, 2014, are deemed to be for the Defendant’s repayment of other goods payment obligations against the Plaintiff in light of the respective descriptions No. 6-1 and No. 2.

The 14th to 13th parallels in the judgment of the first instance shall be followed by the following:

Next, on October 10, 2019, after the filing of the instant lawsuit, the Plaintiff’s assertion that the Defendant, on October 10, 2019, delivered and delivered a written statement to the Plaintiff that he/she would repay KRW 50,000,000 to the price for the said goods,

Although approval of an obligation as a ground for waiver of extinctive prescription can be granted in an implied manner because there is no restriction on the method of indication. At least, it is established by expressing the obligee’s awareness of the existence of an obligation owed by the obligor to the obligee. The interpretation of whether there is an expression of intent to that effect is based on a comprehensive consideration of the substance, motive and circumstance of the indicated act or expression of intent, the purpose and genuine intent of the parties to achieve by the said expression of intent, etc., and is consistent with logical and empirical rules, and general social norms so as to conform to the ideology of social justice and equity

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