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(영문) 서울고등법원 2020.09.09 2020나2009501
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. The grounds for admitting and amending the judgment of the court of first instance are as follows, and the part of the grounds for the judgment of the court of first instance is used as follows, and the reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for adding the judgment of the court of first instance as to the contents asserted by the plaintiff in the court of first instance to the corresponding part. Thus, this is

[Supplementary Use] Part of the first instance judgment 18 pages 2 of the first instance judgment (No. 4) shall be "(No. 5)."

The re-examination of the 9th page 19 of the judgment of the first instance shall be taken into consideration as " inventory inspection".

2. Additional matters to be determined;

A. In the Plaintiff’s assertion, “ inventory” as stated in Article 10(2) of the instant contract should be interpreted as “the inventory” as “the inventory” at the time of entry in the inventory “the time of entry”, and regardless of the subsequent shipment or return.

Therefore, with respect to the portion calculated by applying the law quota of 0.03% to the quantity of the warehouse, it should be deemed that the Plaintiff has no liability to pay the indemnity.

B. The main text of Article 10(2) of the instant contract provides, “When the products requested by the Defendant were lost, damaged or damaged due to a cause attributable to the Plaintiff, the Plaintiff shall reimburse the Defendant for 100% of the ex-factory price of the relevant products, and the ex-factory rate of inventory shall be 0.03%.”

However, in light of the fact that the prior meaning of “stock” as stipulated in the above contract provision refers to the “ware in a warehouse” or “goods in a warehouse,” it is apparent in its language that the above contract provision means that the applicable rate shall be 0.03% on the basis of the quantity of the book stored after deducting the quantity of the book released (excluding the portion of return) from the quantity of the book stored.

In addition, the above contract clause calculated the difference due to the loss of the product by comparing the legitimate inventory and the actual inventory with the other.

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