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(영문) 서울고등법원 2016.08.30 2016나2015202
용역비
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The grounds for a judgment of the first instance shall be quoted for this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;

However, some of the following shall be added or added:

[Supplementary Part] On 4th of the first instance judgment, the judgment on the applicable law shall be added as follows.

3. The governing law of this case is the case where the plaintiff, a Indonesian corporation, entered into a cargo forwarding contract against the defendant, who is a Korean corporation, and is seeking payment of freight, etc. in accordance with the contract, and has foreign elements, the governing law should be determined pursuant to the Private International Act. Article 25 of the Private International Act allows ex post facto agreement by providing for the law chosen explicitly or implicitly by the parties as to the governing law of the contract relationship, and since the plaintiff and the defendant agreed to the governing law of this case to the Korean law, the Korean law of this case shall be the governing law of this case. [the part modified] On the second judgment of the court of first instance, the "inward" of the 7th judgment below shall be

The "3. Judgment" of 4.7 shall be applied to "4. Judgment" of the first instance court.

The 5th of the judgment of the first instance court shall be marked with the “transported line” of the 8th of the judgment.

On the nine pages of the judgment of the first instance court, the first instance court accepted the plaintiff's claim of this case on the ground that the plaintiff's claim of this case is well-grounded, "The plaintiff's claim of this case shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed as it is without merit."

2. The decision of the first instance court on the conclusion is justifiable.

The defendant's appeal is dismissed.

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