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(영문) 서울고등법원(인천) 2020.10.16 2019나11614
물품대금
Text

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

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasoning for this part of the underlying facts is as follows, and this part of the reasoning of the judgment of the court of first instance is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance, and such reasoning is cited in accordance with the main sentence of Article 420

The 16th page 2 of the judgment of the first instance is the Plaintiff, “A (hereinafter referred to as “A”)”.

The first instance court's two pages 18, 3, 3, 7, 9, 10, 11, 12, 15, 17, 18, 21, 4, 2, 3, 5, and 12 shall raise the "Plaintiff" as "A".

The following shall be added between 4.4. 16. 17.

On the other hand, on February 4, 2020, during which the trial was in progress, A filed a rehabilitation application (Seoul Rehabilitation Court 2020 Gohap10013) with the Seoul Rehabilitation Court. On February 20, 2020, the above court rendered a decision to commence rehabilitation proceedings with respect to A on February 20, 2020, and E, a representative of A, was deemed A as A’s custodian. After that, the Defendant reported the damage claim against A (principal principal 1,298,490,222, interest prior to commencement, interest 219,88,952, interest 12 per annum) as a rehabilitation claim, but the Plaintiff raised an objection thereto, and the court took over the lawsuit of this case. The evidence No. 17 of the first instance judgment “No. 7,8,11” with the evidence No. 7, No. 81, No. 281, No. 2852, Dec. 28, 2020.

2. The reasoning of this court’s judgment on the claim of a principal lawsuit is as follows, and this part of the reasoning of the judgment of the first instance is identical to that of the corresponding part of the reasoning of the judgment, except for dismissal or addition as follows. Therefore, this is acceptable in accordance with the main sentence of Article 4

Of the 4th 21 to 9th 2nd 2nd 6th 2nd 5th 3th 5th 5th 5th 5th 5th 7th 15th 16th 16th 7th 3rd 6th 6th 6th 8th 19th 8th 19th 9th 9th 9th 1st 1st 1st 1st 200

The following shall be added to five pages of the first instance judgment:

As to this, the defendant shall pay the unpaid amount of goods after the judgment of the court of first instance is rendered.

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