(영문) 수원지방법원 2020.11.19 2020나63825

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크기(pt)

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줄 간격

자간(%)

(영문) 수원지방법원 2020.11.19 2020나63825

물품대금

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the court of the first instance’s explanation concerning this case is as stated in the reasoning of the first instance judgment, except where the following reasons are added. Thus, this is accepted by the main sentence of Article 420 of the Civil Procedure Act.

2. The addition of the part in the judgment of the court of first instance, which is 2 under the 4th below, added "the installation specifications, detailed matters, and performance of the goods of this case to be suitable for the operation of the machinery equipment of the defendant or the non-party company (it is necessary to efficiently block vibration with pressure according to the weight of the machinery of the defendant)", and the defendant or the non-party company appears to have been mentioned to the plaintiff several times through the meeting (the plaintiff who has been engaged in the production and supply business of the optor for several years, could have been fully aware of such fact)."

In the first instance judgment, first instance judgment No. 5, 2, prior to the 5th "the second instance judgment, i.e., the contractor claiming payment of remuneration for the completion of work in the contract, and i.e., the contractor claiming payment of remuneration for the completion of work in the contract. To have completed the contract for the manufacture of materials, the mere fact that the contract for the manufacture of materials has completed the last stage of the original scheduled process is insufficient, and the main structure of the object is constructed as agreed and must have the performance generally required by social norms. Thus, the contractor claiming payment of remuneration for the manufacture of materials must not only have completed the last process stipulated in the contract for the manufacture of the object, but also claim and prove that the main structure of the object is constructed as agreed and has the performance generally required by social norms (see, e.g., Supreme Court Decision 2004Da21862, Oct. 13, 206)."

The 5th instance judgment of the court of first instance is not sufficient, and the plaintiff is on the part of the defendant.

참조조문

-민사소송법 제420조

참조판례

-대법원 2006. 10. 13. 선고 2004다21862 판결

유사 판례

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