logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.02.09 2016나61305
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for the following additional parts. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional parts

A. On the fourth part of the judgment of the first instance court, “in the course of continuous trade” in the fourth part of the judgment of the first instance, the following is added “at least 30,000,000 won, which is the purchase amount of the insurance of the instant insurance contract.”

(b)in Part 4, the decision of the first instance is to add to the following:

The Defendants asserted that Defendant A did not have any outstanding outstanding amount due during the insurance period, since Defendant A paid the price for the goods in advance to the non-party company during the insurance period of the instant insurance contract and received the goods equivalent to that amount.

However, in full view of the purport of the argument in Gap evidence No. 8, Defendant A had already been liable for the payment of the goods to the non-party company prior to the commencement of the insurance period of the insurance contract of this case. Thus, the statement of No. 8 of this case already agreed that the payment of the goods to be made by the defendant A or the non-party company A during the insurance period should be appropriated for the payment of the goods to be made by the defendant during the insurance period of this case.

It is insufficient to recognize that it was or was designated.

Therefore, it is reasonable to view that the amount of goods paid by Defendant A during the insurance period was appropriated for KRW 183,830,174 prior to the commencement of the insurance period that became due under Article 477 of the Civil Act. Therefore, the aforementioned assertion by the Defendants is without merit.

2. In conclusion, the judgment of the court of first instance is legitimate, and all appeals by the Defendants are dismissed as it is without merit. It is so decided as per Disposition.

arrow