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(영문) 서울고등법원 2015.11.05 2014나40239
매매대금
Text

1. Of the judgment of the first instance court, the part against the Defendant that became final and conclusive by the judgment of remand (Supreme Court Decision 2012Da90511 Decided July 24, 2014) is the part against which the said judgment was rendered.

Reasons

1. The scope of adjudication in this Court is limited to the part against the defendant in the judgment of the court of first instance that has been determined by the judgment of remand and excluded from the scope of adjudication in this Court. Thus, the scope of adjudication in this Court is limited to the part against the defendant in the judgment of the court of first instance.

2. Facts of recognition;

A. The Plaintiff, a company, the purpose of which is to import and sell medical devices under the supply contract of this case, (i) around December 2008, is to supply artificial kids and expendable goods, (ii) between the Do Government Branch (representative H; hereinafter “Council Branch”) of G, an incorporated association, and E in the Gu Council building D (hereinafter “E Council”).

A) The contract under which the Speaker’s branch will be supplied by the Plaintiff (hereinafter “instant supply contract”) with artificial kids and expendable goods to be used in the Company.

The Defendant concluded a contract with the view to bearing joint and several obligations owed by the Speaker to the Plaintiff. The main contents of the contract are as follows. Article 3(Installation of Equipment) of the 29th (20 million won/unit, VAT level) of the 29th Government Branch is installed with the cooperation of the Speaker Branch at the place where the Office of the Government Branch demands the equipment under Article 2 to the 2, and the number of its installation is installed at the early 10 units, and the 4th Government Branch and the Plaintiff are established after consultation with the Plaintiff, taking into account the increase and decrease of the patient. Consumable goods under Article 4 (1) of the 4: Dyzer and Blod Line Line -1 set (2): The 29th Government Branch were supplied with the equipment under Article 3(Installation) of the 29th Government Branch and the 5th Government Branch. The number of artificial expended goods under Article 50-20 of the 5th Government Branch and the 5th Government Branch were supplied with the equipment.

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