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1. Of the part concerning the counterclaim in the judgment of the court of first instance, 46,800 against the Defendant (Counterclaim Defendant).
Reasons
1. The first instance court dismissed the Plaintiff’s claim on the principal lawsuit and accepted the Defendant’s counterclaim.
On September 6, 2017, when submitting a petition of appeal on September 6, 2017, the Plaintiff appealed to the whole judgment of the first instance court, and thereafter, on March 26, 2018, the Plaintiff modified the purport of appeal on the premise that the instant contract was terminated on January 6, 2016 through the application for modification of the purport of appeal submitted to the court. On May 8, 2018, the Plaintiff submitted an application for modification of the purport of appeal to the court and voluntarily withdrawn the appeal on the part of the judgment of the first instance.
Therefore, the scope of the judgment of this court is limited to the part concerning the counterclaim among the judgment of the court of first instance.
2. Basic facts
A. On June 10, 2015, the Plaintiff entered into a contract on the purchase of goods (contract number: B; hereinafter “instant contract”) with the Defendant, under the trade name of “C”, that the Plaintiff would sell and sell medicines and non-pharmaceuticals. (2) On June 10, 2015, the Plaintiff entered into a contract with the Defendant to purchase goods (contract number: B; hereinafter “instant contract”).
The general terms and conditions of the purchase of the instant contract (amended by Presidential Decree No. 219, Jan. 1, 2015; Presidential Decree No. 219, the Ministry of Strategy and Finance established rules of the contract; hereinafter “general terms and conditions of the instant contract”) and Article 7 (Contract Deposit) (1) of the Enforcement Decree of the State Contracts Act mean the date of conclusion of the contract. The person who intends to conclude a contract shall pay the contract bond by cash, letter of guarantee, etc. provided for in Article 37(2) of the Enforcement Decree of the State Contracts Act, as prescribed in Article 50.