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(영문) 서울고등법원 2018.04.20 2017나2010709
대금반환 등 청구
Text

1. The plaintiff's appeal and the main claim extended in the trial are dismissed.

2. The plaintiff added at the trial.

Reasons

1. Judgment as to the main claim

A. The reasoning of the judgment of the court of first instance as to the main claim by this court is as follows, and the reasoning of the judgment as to the main claim by this court is as stated in paragraphs (1), (2), and (3) of the reasoning of the judgment of the court of first instance, except for the addition or supplementary decision as to the part on which the plaintiff contests as the grounds for appeal as follows. Thus

B. The summary of the grounds of appeal 1) was that the instant facilities did not have the ability to produce 20,000 won per month and did not have the condition that they could produce the good, and that the Plaintiff’s representative director testified that he produced 10,000 won per month from the first instance court, not the instant facilities, but the anti-Automatic equipment, part of the instant equipment, and the quantity that he purchased from the Plaintiff or combined the equipment purchased separately from the Plaintiff. The production by the anti-automatic equipment provided by the Defendant is not the production of the samples and supply quantity. The production by the Defendant was not merely the production of the samples and the production of the supply quantity. It is not the fact that the Defendant did not have any other proper business activities than the agreement, that only sought for the return of the value of the equipment verified and non-inbound equipment, and that the Plaintiff’s continuous repair of defects could not complete the Plaintiff’s request for the repair of defects, and thus, the first instance court’s testimony and the first instance court’s first instance court’s first instance court’s first instance court’s first instance judgment’s second instance judgment’s judgment judgment judgment judgment’s testimony.

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