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1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
Reasons
1. On February 15, 2016, the Plaintiff filed a lawsuit against the Defendant, as the principal agent, a confirmation of the absence of an obligation based on the sales contract, B (the co-defendants of the first instance court and the representative director of the Defendant), and the Defendant filed a claim for monetary payment, including damages, against the Defendant. The Defendant, as a counterclaim, filed a claim for an agreed prohibition rate based on the above sales contract, and as a preliminary damages for the Plaintiff’s nonperformance. The court of first instance affirmed the part of the Plaintiff’s claim for confirmation of the existence of an obligation against the Defendant, and most of the conjunctive claims against the Defendant, among the Defendant’s counterclaim, and confirmed that the obligation based on the sales contract on February 15, 2016, against the Defendant does not exceed the amount stipulated in paragraph (2)
2. If the Plaintiff refers to “313,200,041 won” of the first instance judgment of the first instance court 313,200,041 won to the Defendant, “313,20,041 won” is “313,20,045 won” [1,500 won [3,98,642 won for transportation of KRW 1,500 for customs brokers of KRW 529,812,684, customs duties of KRW 23,720,250, and customs brokers of KRW 1,500] x 1.1] x value-added tax 363,216,061 won for the Plaintiff’s payment, but in this case where only the Plaintiff appealed, “313,200,041 won” is recognized as it is in accordance with the principle of prohibition of disadvantageous alteration.
In addition, 5% interest per annum from March 18, 2017 to April 27, 2018 and 15% interest per annum from the next day to the date of full payment.
"The judgment was pronounced, and all of the plaintiff's claims against B, the remaining claims against the defendant, and the defendant's remaining counterclaims were dismissed.
As to this, only the plaintiff filed an appeal against the part against the plaintiff among the judgment of the first instance, and the plaintiff subsequently withdrawn the part of the claim for monetary payment against B and the defendant in the principal lawsuit, the judgment of the first instance as to the above withdrawal was invalidated.
Therefore, the subject of this Court's adjudication is each of the plaintiff's main claim to confirm the existence of the obligation against the defendant, and the defendant's counterclaim against the plaintiff.