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(영문) 서울중앙지방법원 2017.01.18 2015나63298
소프트웨어공급대금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Quotation of judgment of the first instance;

A. The reasoning for the court’s explanation on the instant case is as stated in the corresponding part of the judgment of the court of first instance, except for the following additional determination, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. Further determination 1) The Defendants asserted that the return of the software supplied by the Plaintiff is an implied practice in the industry, and that the Plaintiff was unreasonably refused to return the software, even if special expenses were not incurred for the return due to the nature of the software. 2) In the case of the software supplied by the Plaintiff, it is insufficient to acknowledge the return solely on the written evidence Nos. 19 and 20 as to the fact that the return of the software supplied by the Plaintiff was a practice in the industry, and there is no other evidence to acknowledge the return.

In addition, it is difficult to view that the Plaintiff is obligated to return the goods to the Defendant Company in response to its request for return on the sole basis that the Plaintiff did not bear any specific expenses.

Therefore, the defendants' assertion is without merit.

2. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just in conclusion, and all appeals by the defendants are dismissed. It is so decided as per Disposition.

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