손해배상(기)
The judgment below is reversed and the case is remanded to Seoul High Court.
The grounds of appeal are examined.
1. “False or exaggerated advertisement” under Article 3(1)1 of the former Act on Fair Labeling and Advertising (amended by Act No. 11050, Sep. 15, 2011; hereinafter “Indication and Advertising Act”) means an advertisement that is likely to undermine fair trade order by deceiving consumers or misleading consumers by informing them of false or exaggerated contents or by excessively overfusing facts.
At this time, whether the advertisement is likely to deceive or mislead consumers should be determined objectively on the basis of the total stimulic increase that general consumers with common caution receive the advertisement.
(see, e.g., Supreme Court Decision 2014Da72487, Jan. 14, 2016). 2. Reviewing the reasoning of the lower judgment and the record reveals the following facts.
The Plaintiffs are those who purchase the C Apartment Complex (hereinafter referred to as the “instant apartment”) from the Defendant in both weeks.
B. According to the Housing Site Development Plan in 2004, three elementary schools (tentative name H, I, and J) and one middle school (tentative name K) were designated in the vicinity of the instant apartment site in consultation with the two main offices of education. However, the instant apartment complex complex was located immediately next to the J Elementary School (hereinafter “instant elementary school”) and K Middle School (hereinafter “instant middle school”).
However, the number of buyers of the apartment of this case started to move into the apartment from the lower patrolman on July 2010, but the elementary school of this case and the middle school of this case have not been established until now due to low occupancy of the neighboring house and reduction of school age. Elementary school students living in the apartment of this case are going to the P elementary school (the first provisional school) located at approximately 700 meters away from around 70 meters, and middle school students are going to the Ma middle school located at approximately 1.8km away from around 1.8 meters away.
C. The defendant around July 2008 of this case.