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(영문) 인천지방법원 2016.03.29 2015나16484
부당이득금반환
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. Upon a counterclaim filed in the trial, the Plaintiff (Counterclaim Defendant).

Reasons

1. The court's explanation on this part of the basic facts is identical to the reasoning of the judgment of the court of first instance as stated in paragraph 1 of the same Article. Thus, this part is cited in accordance with Article 420 of the Civil Procedure Act.

2. Determination as to the claim on the principal lawsuit

A. The court's reasoning for this part is as follows: "At the end," No. 7, No. 7, No. 14 of the judgment of the court of first instance, "the upper part" shall be read as "the upper part"; "the 9th 19th 10th 10th 11th 11th 11th 16th 16th 16th 5th 2th 11th 2th 2th 11th 2th 2th "the time when the obligation has become due" means the time when the obligee can request the performance of the obligation to the obligor; "the 81st 10th 2th 2th 2th 1981" shall be added to "the 19th 2nd 4th 2nd 4th 2th 1981," and it shall not be viewed as "the time when the obligor has delayed the performance of the obligation to the obligor."

B. The Plaintiff asserted the limitation of liability for damages in lieu of defect repair 1 of the matters to be determined as follows: (a) if the Plaintiff supplied containers for storage and office in half-finished goods, the Defendant would have to complete the remaining construction; and (b) upon receiving a request from the Defendant to deliver half-finished goods containers, the Plaintiff manufactured and supplied containers for storage and office in half-finished goods.

However, as the container manufactured by the Plaintiff was used as a lodging place different from its original purpose, it was erroneous in the use and management of the phenomenon, etc., and one year has elapsed since the date when the Plaintiff delivered the container to the Defendant, until the appraisal of defects was conducted.

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