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(영문) 서울고등법원 2020.09.08 2019나2053489
물품대금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420

(except for the part against Codefendant B Co., Ltd., the separate and final judgment of the court of first instance).

A. Following the fourth three procedures in the judgment of the court of first instance, the following provisions are added. Accordingly, the sequences in paragraphs (2) through (4) among the grounds of the judgment of the court of first instance is reversed to paragraphs (3) through (5).

2. The governing law in this case is that the Plaintiff Company is a Chinese corporation and is a foreign corporation, and the governing law should be determined. The Plaintiff and the Defendants excluded the application of the United Nations Convention on Contracts for the International Sale of Goods, and agreed to the governing law on the contract, legal act, and extinctive prescription in this case as the governing law in the Republic of Korea, the said scope of application shall be subject to the law of the Republic of Korea. On the other hand, with respect to the organization of the Plaintiff Company, a Chinese corporation, the governing law in accordance with Article 16 of the Private International Act shall be applied.

B. The first instance judgment’s 8-2 to 9-3 pages are as follows.

"(2) We examine this case in light of these legal principles."

H and J, May 23, 201, the fact that the representative in the business house of the Plaintiff Company was changed from the Deceased to K, and that there was a dispute over the power of representation of the Plaintiff Company in China from April 2017 to April 2017 is recognized as above.

In addition, the following facts can be acknowledged in full view of the descriptions of evidence Nos. 6 and 7 and the purport of the whole pleadings.

① On January 21, 2016, H and J jointly inherited a claim for the price of goods against the said Defendants, an individual claim of the deceased, as an individual claim, or jointly inherited a claim for the price of goods against the said Defendants, which is an individual claim of the deceased.

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