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(영문) 서울중앙지방법원 2019.04.03 2018나49002

약정금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment on the argument that the defendant added or added a part of the following as stated in the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The 6th instance judgment of the first instance court’s “Plaintiff” in the 14th instance judgment is deemed to be “Defendant”; and the 15th judgment’s “Plaintiff” to be “Defendant” respectively.

The 8th answer to the judgment of the court of first instance is the "refus" of the 12th answer.

Part 6 of the first instance judgment, the following is added to the circumstances, namely, the following, and the following is found to be “(i), (2), (3)” as “B, (3), and (4).”

① The Plaintiff and the Defendant are the first L.

As indicated in Paragraph 1, the opportunity for the Defendant to negotiate by sending e-mail or Q message with one another in relation to the return of the instant product would have been due to the fact that: (a) the Defendant was brought a lawsuit against M for a claim against prohibition of unfair competition, etc.; and (b) the first instance court lost on June 1, 2016; (c) the application of Article 37(2) of the Framework Agreement on Entrustment with Manufacture was specifically problematic; and (d) the Defendant’s submission of Article 37(2) of the Framework Agreement on Entrustment with Manufacture was made by adding the following parts to the following parts: (a)

Although there was no specific agreement between the plaintiff and the defendant on the examination procedure of the product of this case, it is not only deemed as a main content of the contract of this case, but also an incidental agreement. In relation to the examination procedure, as long as the plaintiff was difficult to sell the product of this case or was given the right to examine the defective products, and as long as the defendant delivered the product of this case without raising any specific objection, the defendant will perform the examination procedure by selecting the inferior products, etc. from the product of this case and notifying the plaintiff. Thus, the examination procedure should also be conducted.