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(영문) 서울고등법원 2017.08.18 2016나2082264
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 reasons for the court's explanation concerning this case are as follows: "G" under Part 18 of Part 2 of the judgment of the court of first instance as "G"; "in excess of three times" under the second part of the judgment of the court of first instance as "in excess of three times"; "Witness" under the fourth part of the second part to "in excess of three times"; "the witness" under Part 18 of the fourth part as "the witness of the court of first instance"; "this court" is deemed as "the witness of the court of first instance"; "the witness" under the fifth part as "the court of first instance" and "in the fifth part 19" under the first part 9 of the judgment of the court of first instance as "in the face of the court of first instance"; and "the seller" under the Civil Act is added to "in the face of the court of first instance" under the main part of Article 420 of the Civil Procedure Act.

2. Determination of the attached articles

A. As seen in the above cited part of the judgment on the grounds of appeal, it is difficult to reverse the factual recognition or judgment of the cited part in the above cited part, and it is difficult to view that the plaintiff was liable to compensate for damages or to compensate for damages caused by incomplete performance of the contract of this case by the defendant due to delay in the supply of defective goods or supply of defective goods due to its fault. The aggregate amount reaches USD 120,660 and USD 233,018.42. In addition, even if the defendant neglected to state the evidence Nos. 3, 1, 5-4 and 9 through 13, 15 through 25 (including each number; hereinafter the same shall apply) of the evidence Nos. 3, 5-4 and 5-25 (including each number; hereinafter the same shall apply) in the above cited part, and it is difficult to view that there is any error that the plaintiff should be considered as comparative negligence with the Defense Acquisition Program Administration regarding the defendant's default of obligation, in this regard, the defendant is liable for damages from the Defense Acquisition Program Administration.

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