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(영문) 서울고등법원 2017.02.09 2016나2023753
물품대금
Text

1. At the request of the change in the trial, the Plaintiff’s rehabilitation obligor, Inc. shall be subject to the change in exchange.

Reasons

1. The reasoning of this part of the judgment of the court of first instance is as follows, except for the cases where the reasoning of the judgment of the court of first instance is written as follows. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the

【The part to be used by the Defendant’s first time’s “Defendant” under paragraph (1) of the same Article is used as “Malass Co., Ltd. (hereinafter “Malass Co., Ltd.”), and all other “Defendants” have been used as “Malass”.

Paragraph 1 (Reasons for Recognition) shall be added to the preceding part as follows:

"Iscer was decided to commence the rehabilitation procedure by the Seoul Central District Court 2016 Ma1019 on June 27, 2016 in which the trial is pending, and the defendant was appointed as the administrator."

2. Plaintiff’s purchase price claim;

A. Comprehensively taking account of the respective descriptions of Gap evidence Nos. 1, 2, and 3 as to the cause of the claim and the purport of the entire pleadings, the defendant may recognize the fact that around June 1, 2015, the defendant, as shown in the attached Table No. 2 of the plaintiff's horse around June 2015, purchased at 226,484,350 won in total (the product that caused the reduction of the price under the supply contract of this case, among the products supplied by the plaintiff by the defendant pursuant to the supply contract of this case) and received at 226,484,350 won in total, and the above price shall be paid until July 31, 2015.

(hereinafter “instant sales contract”). Thus, barring any special circumstance, the Plaintiff’s claim for the purchase price against Maclass constitutes KRW 226,484,350 and damages for delay.

B. The purport of the Defendant’s argument prior to the Defendant’s argument regarding the Defendant’s assertion is as follows: (a) in the event that the Plaintiff and Maclaslass joint examination of the part of the clothing supplied pursuant to the instant supply contract and the quality of the clothing is verified, Maclass waives the Plaintiff’s claim for the payment of the price for defective goods with the upper limit of KRW 300,000,000; and (b) the Plaintiff’s defective goods.

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