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(영문) 서울고등법원 2019.02.22 2018나2038605
물품대금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The appeal cost is borne by the Defendant (Counterclaim Plaintiff).

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as follows: (a) the part of the judgment of the court of first instance concerning “250 million won” in the 12th following the third part of the judgment of the court of first instance is dismissed as “150 million won”; (b) the part of the judgment of the court of first instance concerning “if applicable” in the 8th to “2 and 3th below” in the 11th part of the judgment of the court of first instance is deleted; and (c) the part concerning “if applicable” in the 8th part of the judgment of the court of first instance is added to “7 and 8th part of the judgment of the court of first instance”; and (d) the judgment on the assertion that the Defendants specifically emphasized or newly raised as the grounds for appeal is identical to the part of the judgment of the court of first instance,

When entering into the instant contract with the Plaintiff, the Defendants amounting to KRW 481 million to KRW 10 million until September 17, 2015, KRW 40 million until December 30, 201, and KRW 100 million until January 25, 2016, when entering into the instant contract;

2.150 million won by 15.15.0 million won;

3. up to 25.25. 81 million won, and over ten times after the date on which three months elapsed from the completion date of the establishment of the instant case, the amount of KRW 10 million per month shall be divided into KRW 100 million, and if the payment of the installment is delayed, an agreement is made to lose the benefit of the time and to pay the full amount of the price of the goods in lump sum.

[Article 1 subparag. 4 and Article 4 subparag. 1 of the instant contract (Evidence No. 1). Therefore, since the Defendants paid to the Plaintiff only the total amount of KRW 150 million for installments, the due date for which falls by January 25, 2016, out of the amount of goods under the instant contract (i.e., KRW 40 million) and the amount of KRW 150 million for installments, the due date of which falls by February 15, 2016, are lost due to delay in the payment of KRW 150 million for installments, the Defendants are deemed liable for delay for the total amount of unpaid goods from February 16, 2016, to the extent of the portion already implemented by the Plaintiff from February 16, 2016.

A person shall be appointed.

2. Determination on the grounds for appeal

A. The main point of the Defendants’ assertion lies in the nature of the contract.

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