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(영문) 서울고등법원 2014.09.25 2013나80018
물품대금
Text

1. Revocation of a judgment of the first instance;

2. All of the plaintiff's main claims are dismissed.

3. The defendant shall make the plaintiff 79,695.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of computer and parts wholesale, retail business, etc., and the Defendant is a company established for the purpose of cooking and consulting, etc., and A entered the Defendant Company in October 200 and served as the head of the Defendant’s DNA Team team from April 1, 201 to December 31, 2012.

B. The Plaintiff had supplied the server system to the Defendant since 2003. Since the continuous trade has increased between the Plaintiff and the Defendant, the Plaintiff and the Defendant entered into a goods supply contract (hereinafter “instant goods supply contract”) on February 21, 2007 and traded. The main contents of the said goods supply contract are as follows.

Article 1 (Purpose) The purpose of this Agreement is to provide for all matters in supplying server systems between the defendant and the plaintiff.

Article 2 (Scope of Supply of Goods and Services) The Plaintiff shall provide the Defendant with system supply services as follows:

Unlike the text of see Appendix 1, the Plaintiff asserts that no additional 1 is attached to the instant contract for the supply of goods (Evidence A 1), and the Plaintiff’s assertion that the amount of the supply system construction is added to each order for each case under the instant contract for the supply of goods.

Article 3 (Time-Limit for Supply) The plaintiff shall deliver the designated date according to the defendant's respective orders for each case, strictly.

Article 4 (Payment of System and Services) (1) The defendant shall pay the price of delivered goods to the plaintiff in cash twice after the completion of product inspection and delivery (the last day of the relevant month and the last day of the following month).

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, 6-1 through 9, part of witness E of the party in question, and the purport of whole pleading

2. Judgment as to the main claim

A. The plaintiff's assertion 1) The plaintiff's main claim is the plaintiff's main claim to pay the price of the goods with the following assertion. A) The plaintiff is responsible for the supply contract of the goods.

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