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(영문) 서울고등법원 2019.08.23 2018나2063656
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasons why this Court shall state this part of the basic facts are the same as the entry of the "1. Recognizing Facts" in the judgment of the court of first instance. Therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. According to the above facts finding as to the cause of claim: (a) the Defendant is obligated to pay the Plaintiff the remainder of KRW 174,081,517, which remains after subtracting the amount of KRW 5,000,000 already paid from the amount of KRW 179,081,517 under the agreement of this case; (b) the Plaintiff’s assertion from October 2012 to June 2013 was provided with the Defendant with the delivery of the goods from around 10, 2012 to February 2, 2012; (c) there was no further obligation to pay the Plaintiff the amount of KRW 174,081,51,517, and delay damages therefrom; and (d) the Plaintiff’s allegation was 160,000,000,000,000,000 won and KRW 1636,000,000,000,000,000.

In addition, the plaintiff was supplied with a provisional attachment over three occasions from the defendant, and the secondary supply was conducted four times from October 10, 2012 to June 16, 2013.

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