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(영문) 서울고등법원 2016.07.08 2015나22047
물품대금 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendant are companies engaged in the manufacturing of freezings, gaseous filterings, etc. from around 201 to around 2012, and each of the items, such as the items indicated in [Attachment List 1] to 16, such as the Defendant and the Defendant, are both referred to as “each of the supply contracts in this case” and each of the above contracts is individually referred to as “each of the supply contracts in this case” and individually referred to as “each of the above contracts” according to the sequence.

(2) Each contract was concluded. 2) The basic contract or specific content of each of the instant supply contracts was not written. The execution, implementation, etc. of the said contract was carried out as follows. (A) The supply contract (the supply contract indicated in the order stating the purpose of post-sale settlement" in the attached list) as shown in the attached list 1 through 4, 11, and 15 (the supply contract indicated in the attached list as “x”) requested the Plaintiff to supply the pertinent goods without any specific objection, such as separately sending the order to the Plaintiff for the quotation presented by the Plaintiff. The Plaintiff supplied the pertinent goods according to the Defendant’s direction. (b) The supply contract indicated in the attached list 5 through 10, 12 through 14, and 16 in the supply contract (the “order stating the purpose of post-sale settlement” in the attached list) as indicated in the attached list 5 through 14, and 16 in the supply contract (the supply contract indicated in the “written order indicating the purpose of post-sale settlement”) related to the estimate presented by the Plaintiff.

3) The Plaintiff completed the supply and installation of the pertinent goods under each supply contract of this case. (B) The grounds for dispute over the price of goods, etc. under each supply contract of this case are as follows. (1) The Plaintiff stated that the Defendant issued the Plaintiff’s tax invoice 1 through 16 as the price of goods under each supply contract of this case.

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