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(영문) 서울중앙지방법원 2016.10.21 2016나43031
청구이의
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The facts below the basis facts do not conflict between the parties, or may be acknowledged in accordance with the purport of Gap evidence 2 and all pleadings.

1) On July 19, 2012, the Defendant rendered the instant goods to the Plaintiff on or around July 19, 2012.

(2) On September 17, 2014, the court issued a payment order (hereinafter “instant payment order”) against the Plaintiff on September 5, 2014, stating that the Plaintiff had not been paid part of the sales price of the instant goods. (2) On September 17, 2014, the above court issued a payment order (hereinafter “instant payment order”) to the creditor (the Defendant) for KRW 253,400 and KRW 196,00 per annum from the day following the delivery of the original copy of the payment order to the day of full payment.

3 The instant payment order was served on the Plaintiff on September 23, 2014, and it became final and conclusive on October 8, 2014 due to the Plaintiff’s failure to file an objection.

2. The plaintiff's assertion and judgment

A. The plaintiff asserted that the plaintiff purchased the goods of this case from the defendant with publicity that "the Research Institute of the National University of Korea recognized that the goods of this case had good blood circulation and prevented aging as food", but thereafter, it became aware that the contents of the defendant's publicity are different from facts or false, and that the plaintiff revoked the purchase contract of this case for the goods of this case on the grounds of the above deception by the delivery of the complaint of this case, etc. to the defendant, so the plaintiff's obligation to pay the goods of this case against the defendant does not exist, and therefore, the compulsory execution based on the payment order of this case should be

(b) Determination as to the important matters of transaction in the promotion advertisement of goods, good faith and good faith.

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