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(영문) 서울고등법원 2020.06.26 2019나2027220
물품대금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasons for this part of the basic facts are as stated in Paragraph 1 of the judgment of the court of first instance (Article 420 of the Civil Procedure Act). Thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. The grounds for this part of the parties’ assertion are as follows: (a) the reasons for the judgment of the first instance are as follows: (b) the Defendant’s ②, and (c) the part of the allegation (from No. 3, No. 14, to No. 17) are deleted; and (d) the reasons for the judgment of the first instance are as stated in Article 2(a) of the grounds for the judgment (

B. The reasons for this part of the judgment are as follows: “No. 14-14-3 of A” (No. 4-15-14); “No. 149,560,300” (b) “149,560,300 won” (No. 4-12); “4,025,00 won” (the same conduct) “4,026,676,500 won”; “No. 221,675,50 won (No. 4-14),” “221,675,50 won” (No. 4-14-14-21,675,50 won (the same conduct) and “the higher, higher, higher, higher, and higher” (the same conduct No. 47-7); “the second,”) and “the change of the Defendant’s tax invoice for the supply of goods between H. 15-13, 2017 and Defendant 15-17.37.

(b) 1) and (a) (b) (as shown in Sections 4 through 16, this shall be quoted in accordance with the main sentence of the same Article.

3. Judgment on the defendant's assertion

A. The Defendant’s assertion: (a) the Defendant waived the instant construction; and (b) E and E agreed to have the outstanding amount of KRW 221,675,500 against the Plaintiff discharged from liability; (c) even if E concurrently acquired it, E thereafter agreed to pay the outstanding amount to the Plaintiff in full at KRW 220,000,000.

B. First, around August 23, 2017, the Defendant given up the instant construction between E and E and settled the accounts before the end, and thereafter E and the transaction entity, such as existing goods, and the field seal.

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