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(영문) 서울고등법원 2016.12.02 2016나9904
물품대금
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 reasons for admitting the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or addition of the pertinent contents as follows. As such, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

From the second bottom of the judgment of the court of first instance, "the defendant" in the fourth sentence shall be "the defendant B".

B. The part of “Defendant” from the last sentence of the second judgment of the first instance court to “Defendant B” is the part “Defendant B” to Defendant B from January 2014 to November 2014.

(c) the third third party decision of the first instance court raises “Defendant A” to “Defendant B”.

The Defendants of the Plaintiff at the last 5th judgment of the court of first instance shall be “the Defendant’s Plaintiff”.

(e) the 7th sentence of the first instance judgment “Plaintiff B” in the 7th sentence shall be deemed to be “Defendant’s Plaintiff.”

(f) Parts VII through VIII of the first instance judgment are as follows.

As to the value of the above goods supplied as a normal product, the defendants argued that the price of the above goods should be calculated at the normal product price since they were supplied as a normal product. The plaintiff asserted that the steel scrap should be calculated at KRW 89,617,00, which is the ordinary scrap metal price (including KRW 89,617,00, which is recognized by the plaintiff, shall be included in KRW 308,678,948, which is the person who was paid payment in kind by the plaintiff under the above 2-B (b) (i)). The plaintiff and the defendant were assessed at the value of the article supplied as a whole in consideration of the following circumstances, which show the overall purport of the arguments as to the issue of whether the above goods were supplied as a normal product, and the fact-finding of the court of first instance as to the company heading the company of the court of first instance:

Even if the above goods are produced in a normal manner, it is called a lecture product.

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