beta
(영문) 서울고등법원 2019.01.18 2018나2004251

손해배상(기)

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 reasoning for the court’s explanation concerning this case is as follows: (a) the judgment of the court of first instance is dismissed or added by reflecting the new arguments in the court of first instance; and (b) the following additional judgments are as stated in the main sentence of Article 420 of the Civil Procedure Act, except where the defendant added the additional judgment under paragraph (2).

1. From May 8, 201 to September 9, 201, "from May 8, 2014" shall be deleted from the fourth bottom of the judgment of the first instance.

The following details shall be added to the 8th sixth sentence of the first instance court.

In light of the fact that Article 14(5) of the instant service agreement provides that “the test and inspection shall be replaced by Type tes and Spe tes in case the development test is successfully conducted,” the development test required for the Plaintiff under the instant service agreement is defined as “Type Test Test Eest,” the development test for the instant object required by the Plaintiff pursuant to the instant service agreement refers to Type Tests in paragraph (6) of the International EEC 60282-1 (209 printing), and it is reasonable to deem that the aforementioned development test does not include Type tes in the aforesaid development test.” However, the foregoing Defendant’s argument is without merit to deem that the development test for the instant object required for the Plaintiff pursuant to the instant service agreement means Type tes in paragraph (6) of the International EEC 60282-1 (209 printing), and that the aforementioned development test does not include the foregoing development test.

Although the Defendant asserts that the reference test required for the Plaintiff under the instant service agreement includes Special straws, it is no reason to view that the Defendant requested the Plaintiff to conduct an additional reference test since December 27, 2014 after IEC 60282-1(2009) as reference test only three times (Evidence 2-3, Evidence 3-1, Evidence 24-1, Evidence 24-2, and the Plaintiff’s final reference test.