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(영문) 제주지방법원 2021.02.17 2020나12769
손해배상(기)
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant (Counterclaim Plaintiff).

3...

Reasons

1. The first instance court accepted the Plaintiff’s claim on the principal lawsuit, and dismissed the Defendant’s counterclaim, and the Defendant appealed only to the principal lawsuit, so the scope of the trial of this court is limited to the claim on the principal lawsuit.

2. Determination as to the cause of claim

A. Fact 1) The Plaintiff is an individual entrepreneur engaged in the household sales business under the trade name of “C,” and the Defendant is an executor of another canal box of “E” in Jeju City D (hereinafter “the instant canal box”).

2) According to the above agreement, the Plaintiff and F, G, and H (hereinafter referred to as “the Plaintiff et al.”) entered into with the Defendant by introducing the instant canal wells sales agent by the introduction of the Plaintiff and F, G, and H (hereinafter referred to as the “Plaintiff et al.”). According to the instant agreement, the Plaintiff et al. installed the instant canal wells J K and L with the Defendant and the instant heading “Ghing house” (hereinafter referred to as the “instant agreement”). The Plaintiff et al. installed the instant units, L, electronic equipment, bed, softens, softens, and softens, etc. (hereinafter collectively referred to as “the instant exhibition goods”) to sell goods to visitors to the instant canal of the instant case during the period of pre-inspection by occupants, and the Defendant continued as above and opened the instant units to the public to the said K and visitors.

4) Accordingly, the plaintiff et al. on September 3, 2019

4. For both days, the Plaintiff established a household as shown in the separate sheet as shown in the attached sheet, and installed the display goods of this case, such as the installation of furniture, electronic equipment, and interior works, etc. F, G, and H, and H, respectively.

5) However, around September 5, 2019, the Defendant displayed the goods for the purpose of selling the said heading and L, and did not put a new seal, and on the ground that the displayed furniture does not appear in mind, the Defendant did not disclose the said heading and L to the customers, and demanded the removal of the displayed goods.

6) The plaintiff et al. to the defendant.

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