logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2016.11.02 2016나583
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.Paragraph 1 and 2 of the text of the judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff (Appointeds) and the designated parties (hereinafter “Plaintiffs, etc.”) entered into a contract with the Defendant on the collection and delivery of spaws to the Defendant by collecting spaws from the spawal aquaculture (C fishing grounds) managed and operated by the Defendant.

B. According to the above contract, the Plaintiff et al. collected the price in the “amount” column in the separate sheet from October 1, 2013 to October 28, 2013 and delivered it to the Defendant.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff et al. each of the pertinent amounts listed in the “amount” list of the designated parties for the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the case from October 28, 2013 to January 29, 2016, which is obvious that it is the delivery date of the copy of the payment of the payment of the case from October 28, 2013 to January 29, 2016.

B. On April 18, 2016, the Defendant asserted that “The Defendant collected KRW 173,976,610 from the account in the name of the Defendant on July 15, 2016, based on the collection order based on the provisional execution order issued by the court of first instance, which was rendered by the Plaintiff, etc., and thus, the Defendant’s obligation against the Plaintiff, etc. should be deemed extinguished.”

The effect of performance by a provisional execution is not fixed, but it takes place on the condition that the provisional execution declaration or the judgment on the merits be cancelled at the appellate court, and the performance of such a claim is made by the compulsory execution by the judgment on the provisional execution declaration or by the judgment on the provisional execution declaration.

arrow