beta
Text
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.
Reasons
1. The reasoning for the court’s explanation concerning this part of the underlying facts is that, in addition to the fact that “ May 1, 2016,” under Section 19 of the judgment of the court of first instance as “ May 1, 2015,” the corresponding part of the judgment of the court of first instance 2, Sections 11 through 5, 10, and 10 are the same as that of the corresponding part of the judgment of the court of first instance 2, 2015, and thus, they are cited as it is in accordance with the main sentence of
2. Judgment on the main claim
A. The Plaintiff’s assertion that the Defendant entered into a contract with the Plaintiff to supply 12,000 bits of 12,000 for 22,000 won per set. However, the Defendant paid 264,00,000 won (=22,000 x 12,000 x 12,00) to the Plaintiff, and did not pay 23,000 won for the remainder of goods.
Therefore, the defendant is liable to pay the remainder of the goods price and damages for delay to the plaintiff.
B. Determination 1) In order to establish a contract, the agreement between the parties is required to be reached, and such agreement does not have to be made with respect to all matters constituting the content of the contract in question, but there is a specific agreement with regard to its essential elements or important matters, or at least an agreement with which it can be specified in the future. In the absence of such an agreement or agreement, it is reasonable to deem that the contract was not concluded, barring any special circumstance (see, e.g., Supreme Court Decision 2017Da242867, Oct. 26, 2017). 2) In light of the following circumstances: (a) health class back to the instant case; and (b) the process and its progress of the preparation of the instant broadcast program are insufficient to recognize that the Plaintiff and the Defendant had concluded a supply contract on the newly produced products 12,00 sets; and (c) there is no other evidence to support this.
(1)