Seoul High Court Decision 200

Law Firm Jinju Co., Ltd. (Law Firm Sejong, Attorneys Lee Yong-sung et al., Counsel for the plaintiff-appellant)

Defendant

November 11, 2009

Seoul Central District Court Decision 2008Gahap39293 Decided March 25, 2009

1.The judgment of the first instance shall be modified as follows:

2. All the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.

3. Of the total litigation cost, the part arising between the Plaintiff and the Defendant is borne by the Plaintiff, and the part arising between the Plaintiff and the Defendant is borne by the Intervenor succeeding to the Plaintiff, respectively.

1. Revocation of a judgment of the first instance;

2. The plaintiff: the defendant shall pay to the plaintiff 50 million won with 20% interest per annum from the next day after the delivery of a copy of the complaint of this case to the day of complete payment.

3. The plaintiff succeeding intervenor: the defendant shall pay to the plaintiff succeeding intervenor 50 million won and 20% interest per annum from the next day of service of a copy of the complaint of this case to the day of complete payment (the plaintiff succeeding intervenor participated in the lawsuit before the first instance, but the plaintiff did not withdraw from the lawsuit).

1. Quotation of judgment of the first instance;

The reasoning of the judgment of this court is as follows, under the first instance court’s first instance judgment No. 3, the following is added, and the “Plaintiff’s assertion” of the first instance court No. 3, 11 is the same as that of the first instance court’s judgment, except for the following changes. Therefore, it is acceptable in accordance with the main sentence of

2. Additional and modified matters;

(a) Additional matters;

E. Meanwhile, on January 6, 2009, the Intervenor succeeding to the Plaintiff (hereinafter “ Intervenor succeeding to the Plaintiff”) comprehensively transferred from the Plaintiff all businesses related to the import, export, and sales of alcoholic beverage products, such as the Plaintiff’s lawsuit, Cheongju, Cheongju, Oskki, etc., and manufacturing and sales.

(b) Modification.

A. The plaintiff and the succeeding intervenor's assertion

The water used for manufacturing the instant novel does not pose any harm to the Plaintiff’s reputation and credit by meeting the water quality standards under the relevant Acts and subordinate statutes, and the acquisition of the manufacture license is lawful. The Defendant, as the Defendant, on the ground that the Plaintiff illegally obtained the manufacture license, a written writing prepared by the Plaintiff, which was not used as the water used for manufacturing the instant tenant under the relevant Acts and subordinate statutes, was posted on the Internet Blograph or distributed as an article of the Seoul Seoul Newspapers, thereby undermining the Plaintiff’s reputation and credit, the Plaintiff and the Plaintiff are liable to compensate for damages suffered by the succeeding Intervenor who received the entire liquor business from the Plaintiff and the Plaintiff).

3. Conclusion

Therefore, the plaintiff and the succeeding intervenor's claim of this case are all dismissed due to the lack of reason, and the judgment of the court of first instance shall be modified according to the participation in the party's succession as above, and it is so decided as per Disposition.

Judges Jin-hun (Presiding Judge)