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(영문) 서울고등법원 2016.10.13 2016나2032306
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasons why the court should explain in this judgment are as stated in the reasoning of the judgment of the court of first instance other than the following "paragraph 2". Thus, it shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. The part on “only the evidence submitted by the plaintiff” of No. 6-7 of the first instance court’s 8th trial decision was written, stating that “The evidence submitted by the plaintiff to the trial and the circumstances of its assertion are considered.”

B. On June 13, 2012, the part of the 8th sentence of the first instance trial stating that “No evidence exists to acknowledge it” in the part of the 8th sentence of the said 8th sentence is that “the Plaintiff shall be deemed to have been concluded if there exists no evidence to acknowledge it (the Plaintiff’s goods supply contract is a shot contract and the agreement between the parties to enter into the contract is established.” However, on June 13, 2012, the Defendant may be deemed to have concluded the said supply contract by expressing a conclusive intent to implement the contents of the 1st sentence with the Plaintiff. However, in light of the following circumstances, the evidence submitted by the Plaintiff, including the testimony of S of the first instance trial witness, is insufficient to acknowledge that the Defendant expressed a conclusive intention to enter into the 1st sentence with the Plaintiff on June 13, 2012, and there is no evidence to acknowledge it otherwise).

C. In the second sentence of the 10th trial decision of the first instance court, the part "However, in light of Gap evidence 20-2 and Eul evidence 1-1, etc., the above circumstance alone is written."

The following details shall be added between conduct 18 and 19 of the decision of the first instance.

5) Ultimately, considering all the above circumstances, even if the evidence submitted by the Plaintiff to the trial and the circumstances of its assertion are considered, the Plaintiff and the Defendant are considered.

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