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(영문) 부산고등법원 2016.01.27 2015나1208
물품대금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) on the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal office and the principal office.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited this case, is as follows: (a) the judgment of the court of first instance on the claim of the plaintiff on the ground of the third part of the judgment of the court of first instance, “the judgment on the claim of the plaintiff on the ground of the second part” is added, and the reasoning of the judgment of the court of first instance is as stated;

(1) The Plaintiff argues that the Plaintiff’s allegation that the Plaintiff’s supply price should be reduced by 10 km as well as 20 km, on the ground that the Plaintiff’s offering price did not constitute the first instance court’s order, on the following grounds: (a) the Defendant repeats the same argument in the first instance court; and (b) the Defendant’s new presentation of the arguments and reasons for partial supplementation in the first instance court; and (c) the testimony of the witness F of the first instance court and the result of the Defendant’s personal examination of the Defendant representative director of this court; (b) [Additional determination on the part of the first instance court,] “The Defendant,” provided around March 201 and around 4, 200 and around 9,000 km supplied by the Plaintiff on September 20 and around 10, 2012; and (d) the Defendant’s offering price in the first instance court did not constitute the first instance court’s order to reduce the amount of defective products produced by adding the above products to approximately 200.

2. In conclusion, the plaintiff's main claim is justified, and the defendant's counterclaim is dismissed as it has no ground.

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