물품대금
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the ground of appeal No. 1, the court below rejected the Defendant’s assertion that the Plaintiff is liable for damages to the Defendant under the above provision on the premise that the Product Liability Act does not apply to this case, and that Article 10 of the Product Supply Contract of this case is a provision on the duty of cooperation and responsibility between the Plaintiff and the third party in the event product liability is at issue.
In light of the relevant legal principles and records, the above determination by the court below is justifiable.
In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal principles.
2. As to the ground of appeal No. 2, this part of the ground of appeal is erroneous in the selection of evidence and fact-finding which belong to the court below's exclusive jurisdiction, and thus, it cannot be deemed a legitimate ground
3. As to the ground of appeal No. 3, the lower court determined that the Defendant could not be held liable for nonperformance of the obligation to the Plaintiff in excess of the quantity of the products selected by the Defendant following the transfer inspection, on the grounds that there is no evidence to deem that the defect rate of the 3 and 4th volume as indicated in the judgment of the lower court exceeds the ordinary level that could arise from mass supply, taking into account the circumstances in its reasoning.
In light of the relevant legal principles and records, the above determination by the court below is justifiable.
In so doing, contrary to what is alleged in the grounds of appeal, the court did not err by failing to exhaust all necessary deliberations or by misapprehending the legal principles on defects in a mass goods transaction contract.
4. The final appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.