약속어음금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning for the court’s explanation concerning this case is as follows: (a) by adding the following sub-paragraph (2) to the 3th 10th th 10th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th
2. The addition;
F. On July 15, 2014, the Defendant filed a lawsuit against the Plaintiff in Seoul Southern District Court and rendered a judgment on July 15, 2014 that “The instant devices provided by the Plaintiff to the Defendant are expected to be in common in transactions or lack of the nature of the parties scheduled or guaranteed, and there are causes attributable to the Plaintiff, and thus, the Plaintiff is liable for nonperformance to the Defendant, and accordingly, the Plaintiff is liable for payment of the damages incurred therefrom, and the damages incurred therefrom shall be paid.”
G. The Defendant and the Plaintiff dissatisfied with the above judgment and filed an appeal with the Seoul High Court [2014Na2027218, 2015Na2013629 (Counterclaim)]. The Plaintiff filed a lawsuit seeking the remainder of the goods other than the claim for the Promissory Notes. However, on December 8, 2015, the lower court rendered a judgment that “the instant device supplied by the Plaintiff to the Defendant” similar to the judgment of the first instance court was defective in terms of trade norms or lack of the nature of either party’s expectation or security, and there were causes attributable to the occurrence of such defects, and thus, the Plaintiff is liable for nonperformance to the Defendant, and accordingly, the Plaintiff is liable for damages, and the amount of damages therefrom was partially modified, and the Plaintiff’s claim is dismissed.”