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(영문) 서울고등법원 2016.11.29 2015나26674
물품대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The grounds for the judgment of the court of first instance shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the court of first instance

However, some of the following shall be dismissed, and the decision made by the defendant on the argument in this court shall be added.

[Supplementary part] On the two pages of the judgment of the court of first instance, the 9th, 5th unit “Ikium bulk cargo” was used as “Ikium bulk cargo,” and the 6 to 5th, 3 to 2th unit below the 2th unit “Ikium bulk cargo arrived at the port of Japan and was delivered to the defendant.”

2. The Defendant, even if purchased each of the goods of this case from the Plaintiff, asserts that the amount equivalent to KRW 800 million should be deducted from the price of the goods of this case. However, the evidence submitted by the Defendant alone is insufficient to acknowledge that the Plaintiff returned part of the goods of this case to the Plaintiff as alleged, and there is no other evidence to acknowledge otherwise.

Therefore, this part of the defendant's argument is without merit.

3. The decision of the court of first instance is justifiable.

The defendant's appeal is dismissed.

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