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(영문) 의정부지방법원 2016.04.07 2015나10005
물품대금
Text

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

2. The appeal costs.

Reasons

1. The reasons for the court’s explanation regarding this case are as follows: “The balance of the goods price of KRW 22,440,490” in Section 2, Section 14, Section 2, the first instance court’s ruling is “the balance of the goods price of KRW 22,440,049”; “The additional evidence submitted in the trial and lack of recognition of the Defendant’s assertion is the same as the statement in the first instance court’s ruling, except for the rejection of the Defendant’s testimony by the witness of the trial (including the serial number) and the statement in Section 16, 20, Section 420, the main text of the Civil Procedure Act. Therefore, it is insufficient to recognize that the Plaintiff and the Defendant determined the delivery date of the first original unit by December 30, 2013 with C companies as it is by applying the main text of Article 420 of the Civil Procedure Act.

2. In conclusion, the plaintiff's claim of the principal lawsuit is justified, and the defendant's claim of the counterclaim is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the defendant's appeal of the principal lawsuit and the counterclaim is dismissed as it is without merit.

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