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(영문) 서울고등법원 2017.02.24 2015나2063730

추심금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. Basic facts

A. The Defendant issued an order for the manufacture and sale of a group for the supply of goods to an enterprise by obtaining the authority for the manufacture and sale of a group for the supply of goods from a black cream Co., Ltd. (hereinafter “Bck”), and for the manufacture and sale of a group for the use of goods from a person planning good for the use of goods (hereinafter “Good Person Planning”) around early 2013.

B. Accordingly, the Defendant decided to request the Plaintiff’s Intervenor (hereinafter “ Intervenor”) to manufacture the instant goods. During that process, the Defendant requested the Intervenor to conduct a test report in order to verify whether there was any malfunction in the original group by making the instant goods first, and the Intervenor applied for a test report to the Korea Testing Research Institute on February 28, 2013. On March 4, 2013, the Korea Testing Research Institute issued a test report to the Plaintiff’s Intervenor and the Plaintiff’s Defendant as the Defendant.

The parts related to this case in the test report shall be as follows:

The degree of laundry, dog, laundry, adrying by the method prescribed by the salt color as incomplete salting, means the degree of color change and the degree of being infected with other fiberss, and the degree of not changing compared with the standard color table for contamination shall be judged as Grade 5 if there is no change in comparison with the standard color table for contamination, and that indicating the largest change shall

Grade 4-5, Grade 2, Grade 3, Grade 1-2, Grade 2, Grade 2, Grade 2, Grade 4, Grade 2, Grade 2, Grade 3, and the formation of pening on the surface or the surface of the fiber (which falls under a visible part) with no change (which refers to a universal part) from a fiber, a concentrated surface spreading and/or a serious pening, a large size of pening and/or a large size of side of the test shall be determined as Grade 1.

-5. Grade 4.