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(영문) 서울중앙지방법원 2019.12.06 2019나4655
물품대금
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff) by aggregating the principal lawsuit and the counterclaim.

Reasons

1. The reasoning of the court of first instance concerning this case is as follows, with the exception that the defendant added "2. Additional Judgment" to the argument that the defendant added in the trial of the court of first instance, and the defendant's additional evidence submitted in the trial of the court of first instance, which lacks to recognize the defendant's assertion, is the same as the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant asserts that the plaintiff has no standing to sue since the actual party to the claim for the price of goods unpaid is not the plaintiff but the N.

In a lawsuit for performance, the plaintiff's standing to sue is nominal as the plaintiff's claim itself, and the judgment is added to the judgment as to the propriety of the claim, so the plaintiff who asserts his/her right to claim performance becomes a legitimate plaintiff (see, e.g., Supreme Court Decision 9Da31568, Sept. 7, 199). Since the plaintiff seeks payment of the unpaid goods to the defendant as the cause of the claim in this case, the plaintiff is naturally entitled to standing to sue. Whether the unpaid goods claim belongs to the plaintiff does not constitute grounds for

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim on the principal lawsuit shall be accepted as well as the defendant's counterclaim shall be dismissed as it is without merit. Since the judgment of the court of first instance is just in conclusion, the defendant's appeal is dismissed. It is so decided as per Disposition.

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