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(영문) 서울고등법원 2016.04.21 2015나2047905
물품대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Article 2 (Definition of Terms) of the facts of recognition / [3] Where Party A (the Plaintiff refers to the Plaintiff) sells clean water to Party B (the “NNE”), Party A shall be the seller, Party B shall be the buyer, and Party B shall be the seller, Party B shall be the seller, and Party B shall be Party B shall be the buyer.

[2] Article 4 (Adjustment and Payment) (1) Byung shall pay B the price of the fruits taken over from B to B at the end of twice a month as follows.

1. Sick shall deposit money in the account designated by Eul at the end of the current month after collecting the price of the office works taken over from the 15th to the 15th day of each month;

2. Sick shall close the proceeds of the administrative affairs taken over from the 16th day of each month to the last day of the month and deposit them in cash in the account designated by Eul by the 15th day of the following month.

(2) Byung shall pay damages for delay resulting from the non-performance of all obligations under paragraph (1), and the damages for delay shall be based on the overdue interest rate applied to the principal to be paid at the time when the general loan of the Bank is overdue.

[5] If a payment is not made by the account number of the head of the Tong designated in paragraph (4), Byung shall be deemed not to have committed a debt to Gap and Eul, and it may claim damages against Eul and Eul.

On April 29, 2013, the Plaintiff entered into a water transaction agreement with the Defendant and the U.S. Co., Ltd. (hereinafter “NE”) (hereinafter “instant agreement”), and the main contents thereof are as follows.

B. On June 11, 2013, the Plaintiff supplied Cheong-mul equivalent to KRW 593,020,860 to the United Nations ENE and supplied Cheong-mul equivalent to the total sum of KRW 2,091,938,490 from 17th of the same month to 31 December of the same year, but the United Nations ENE supplied Cheong-mul equivalent to the total sum of KRW 2,091,938,490.

7. From 31. to 18. of the same year, only the sum of KRW 385,128,200 shall be paid to the Plaintiff as the sum of the sum of the sum of the sum of the sum of Cheongbu Products, and it shall be paid to the other Defendant.

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