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(영문) 서울고등법원 2016.07.14 2015나23484

손해배상(기)

Text

1. Plaintiff EB (LK students, No. 1 No. 35) and the Defendant, the instant lawsuit between the Defendant is deemed to have been withdrawn on April 15, 2015, and Plaintiff.

Reasons

1. The reasons why the court cited this part of the judgment of the court of first instance is to describe are as follows: (a) the last action of the judgment of the court of first instance (“the result of the commission”) is corrected as “the result of commission”; and (b) the judgment on the claim No. 1 among the reasons of the judgment of the court of first instance is as stated in the judgment of the court of first instance, except where the judgment on the claim No. 3. 1 among the reasons of the judgment of the court of first instance is used as follows; and

[Plaintiffs also filed a claim for damages in lieu of defect repair (the second claim) in the first instance court, and some favorable judgments were rendered in favor of the plaintiffs. Defendant did not appeal to the judgment of the first instance court, and the plaintiffs appealed to part of the part against which they lost (the dismissal of the claim). In light of the fact that the appellate court presented additional arguments concerning the claim for damages (the first claim) due to false or exaggerated advertisement and submitted evidence, and that the amount entered in the purport of appeal is 5% of the purchase price of each case of this case by the plaintiffs, it may be interpreted that the plaintiffs appealed only about the first claim. However, since the plaintiffs did not clearly state it, the part of the claim for damages in lieu of defect repair (the second claim) is also decided as well: < Amended by Act No. 1000, Feb. 2, 198; Act No. 10090, Mar. 31, 2007>

1. False or exaggerated labeling or advertising;

(2) Details of the acts falling under each subparagraph of paragraph (1) shall be prescribed by Presidential Decree.

Article 10 (Liability for Damages) (1) Business entities, etc. shall violate Article 3 (1).