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(영문) 수원지방법원 2020.09.24 2019나74966
물품대금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport:

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if each evidence submitted in the court of first instance was presented in the court of first instance.

Therefore, the court's explanation on the instant case is consistent with the reasoning of the judgment of the court of first instance, except for partial revision or addition as follows. Thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part of the judgment of the court of first instance to be amended or added is that the phrase “it constitutes a regular act” of the third 6th of the judgment of the court of first instance falls under a regular act or a fixed term transaction under Article 68 of the Commercial Act, which is a special provision.

The third-party 11 of the judgment of the court of first instance is "whether a regular act is a regular act or a fixed term transaction".

The third and second written statements in the judgment of the court of first instance are as follows: (a) the Defendant did not know at all whether or not the above NCR was written, and this is merely an expression written in the Plaintiff’s document form. However, the above phrase appears to constitute a paper-use phrase in order to urge attention to the terms and conditions of the contract in commercial transaction; (b) even considering the circumstances of the Defendant’s assertion, the above phrase is not a unilateral revocation or alteration of the parties after the issuance of the above phrase. (c)

After the fourth five main text of the judgment of the court of first instance, “In short of recognition,” the fourth five main text of the judgment of the court of first instance, “(in particular, at the prior conference in which the Plaintiff’s employee participated, the Defendant asserted that the delivery contract of this case was sufficiently delivered and notified of the circumstances constituting a regular act or a final and conclusive transaction, and it is difficult to find objective evidence or circumstances to acknowledge it)” is deemed to be “regular act or a final and conclusive transaction.”

3. Conclusion.

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