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(영문) 서울고등법원 2016.06.09 2015나2869
손해배상
Text

1. The judgment of the first instance court, including the claims expanded and reduced in this court, shall be modified as follows:

Reasons

1. The grounds for the court’s explanation concerning the instant case, such as accepting the judgment of the court of first instance, are as stated in the reasoning of the judgment of the court of first instance, except for the modification of the relevant part of the judgment of the court of first instance as stated in the following 2. Thus, it is acceptable in accordance with Article

2. Revised parts

(a) under 7 6 pages add “the Plaintiff shall be entitled to the following liability for damages:

B. Under 7, the Plaintiff’s damages due to modified tort or nonperformance by up to 8 pages “1,188,925,400” are the sum of the profits accrued from N, etc.’s production and sale and the value of the Plaintiff’s estimated business right.

However, C, etc. is presumed to have obtained profits from KRW 560,365,712 by selling N, etc. from July 201 to February 2016. Since the Plaintiff’s business value is presumed to have been KRW 3,651,413,065 around February 2016, the Defendant jointly with the Plaintiff among KRW 4,211,78,777, which is the sum of the Plaintiff’s total amount of KRW 1,18,925,400, as the Plaintiff’s business value is presumed to have been KRW 3,651,413,065.

(c) add “production,” in front of the “purchase” in the 8th five pages;

(d) Since 8th 7th 7th 7th 7th 7th 7th 7th 8th 8th 8th 8th 8th 7th 8th 7th 8th 7th 7th 7th 7th 7th 7th 7th 7th 7th 19

Therefore, the defendant manufactures the product listed in the separate sheet of the product, or purchases it from a third party other than the plaintiff, or a third party other than the plaintiff.

(e) eliminate 2 below the 8th page “ and” in default.

(f) under 9 the following modifications are in existence (100 per cent, content and ingredients per cent, 99 per cent) and Q have some differences in components F and components, but the same percentage of ingredients corresponds to 78.3%, 96.84 per cent, and the same percentage of ingredients corresponding to the same.

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