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(영문) 서울중앙지방법원 2016.06.15 2016나16831
손해배상(기)
Text

1. All appeals on the principal lawsuit and counterclaim by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasoning of the court's explanation of this case is the same as that of the judgment of the court of first instance, except for the case mentioned in paragraph (2). Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. On the 2nd page of the judgment of the court of first instance, the 2nd page No. 14, 15, and 4th page No. 17 “Welger” is respectively dismissed by the “Welger”.

B. On the fourth page of the judgment of the court of first instance, the term “assumpt 24” shall be read as “assumptive”.

C. Part 8 of the judgment of the court of first instance is written as follows.

① The Defendant assumes the duty to hold a safety inventory of the instant product, which is separately developed to conform to the soil doping of the Plaintiff’s new goods, and limited the “reasons for return and exchange of the goods” so that the Plaintiff may request return and exchange only only in cases due to the defective quality of the goods, in response to such Defendant’s duty to hold a safety inventory.

D. On the 9th page of the first instance judgment, the part of the “exclusive supply obligation and obligation” is deleted.

3. Accordingly, the plaintiff's main claim is dismissed as it is without merit, and the defendant's counterclaim is justified within the scope of the above recognition, and the remaining counterclaim is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and all appeals against the main claim of this case and counterclaim are dismissed. It is so decided as per Disposition.

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