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(영문) 서울고등법원 2020.01.16 2019나2004937
물품대금
Text

1. The plaintiff's rehabilitation claims against the defendant are 517,40,000 upon a claim that was changed in exchange by this court.

Reasons

1. The grounds for this part of the facts are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for the dismissal of the contents as follows. Thus, this part of the reasoning is cited by the main sentence of Article 420 of the Civil Procedure Act.

In addition, the second part of the judgment of the court of first instance is that "E of the representative director of the plaintiff" was "E (the representative director of the plaintiff, September 10, 2019, who was the representative director of the plaintiff, was the plaintiff's representative director until I was appointed as the representative director of the plaintiff)."

The third 20th 20th am "F" in the judgment of the first 1st am "C".

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

h. On April 18, 2019, when the commencement of rehabilitation proceedings and the completion of the instant lawsuit against the Defendant, G was decided to commence simplified rehabilitation proceedings against the Defendant under the Seoul Rehabilitation Court 2019 Gohap10028, and the Defendant’s representative director at the time was appointed as a custodian. On November 11, 2019, the simplified rehabilitation proceedings were concluded. (i) The Plaintiff reported the amount of principal KRW 480,000,000, which is the claim amount of the instant lawsuit, and interest KRW 98,827,397, which is the claim amount of the instant case, with the claim related to the instant case in the rehabilitation proceedings against the Defendant. At that time, the said G filed an objection against the said claim; and (ii) the said G manager raised an objection to the said claim in the column 5th [based on recognition] of the judgment of the first instance.”

2. Determination on the changed claim in exchange

A. On June 2017, the Plaintiff’s primary assertion was made with respect to the instant partnership agreement with the Defendant, and the instant completion product supply agreement, as follows.

"The plaintiff shall additionally pay 200,000,000 won to the defendant under the supply contract of the completed goods of this case.

The defendant shall pay 200,000,000 won to D on the basis of the contract with D, and shall use 200,000,000 won for production costs, and shall complete the device.

The defendant shall use the devices supplied by D.

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