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(영문) 서울고등법원 2014.09.19 2014나2007443
공탁금출급청구권 확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: (a) in addition to the last part of the fifth 13th Doctrine of the judgment of the first instance (the Doctrine is excluded from the parallel; hereinafter the same shall apply), the part of the 6th Doctrine from 8 to 12th Doctrine is changed as follows; and (b) in addition to addition of the judgment under the following paragraph (3) as to the matters alleged by the plaintiff in the trial, it is identical to the reasons for the judgment of the first instance; and (b) in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. Additional and modified parts

A. The third end of the judgment of the court of first instance (based on the above liability for damages, the plaintiff is liable for damages due to nonperformance of the company prior to rehabilitation, or for the manufacture and supply of electronic parts, which was concluded between the plaintiff company and the rehabilitation company, on the premise that the sales contract was concluded between the plaintiff company and the rehabilitation company, even though it was not concluded on the basis of the above liability for damages due to nonperformance of the company prior to rehabilitation, which was premised on the premise that the contract was concluded at the time of contract negotiation, and that the rehabilitation pre-management company refused to enter into the contract without reasonable grounds, and that the contract was entered into between the plaintiff company and the rehabilitation pre-management company

B. The plaintiff asserts that the part of the 6th 8th Naa and the 12th Naa in the judgment of the court of first instance had a damages claim corresponding to the above money against the company prior to the rehabilitation, as the part of the 310,130,387 loss equivalent to the inventory of raw materials and finished products occurred due to the unilateral suspension of transaction by the company prior to the rehabilitation.

However, in light of Gap evidence No. 1 (Article 14 of the Quality and Payment Guarantee Contract), the evidence submitted by the plaintiff alone is sufficient to rectify the plaintiff company with respect to raw materials and finished products claimed by the plaintiff.

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