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(영문) 대법원 2016.12.29 2016다223241
매매대금
Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the lower court acknowledged the fact that the Plaintiff supplied the Defendant company with a mobile phone amounting to KRW 78,320,00 based on the instant agency contract concluded with the Defendant Company A (hereinafter “Defendant Company”), and determined that the Defendant Company was liable to pay the Plaintiff the balance of the mobile phone purchase price and damages for delay thereof.

It is clear that the judgment of the court below contains a judgment rejecting the Defendants’ assertion that the above sales contract is not a party to the contract, but panty house (hereinafter “panty house”).

In addition, in light of the relevant legal principles and the evidence adopted by the court below, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle

2. According to the reasoning of the judgment below as to the second ground of appeal, the court below rejected the defendants' defense that the defendant company offsets the sales commission fee against the plaintiff's claim on the mobile phone sales balance against the plaintiff's claim on the above mobile phone sales payment claim on the ground that the defendant company's separate transaction relationship between different panty house and the plaintiff cannot be assessed as a single transaction relation, on

Examining the relevant legal principles and the evidence admitted by the court below, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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