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(영문) 서울고등법원 2020.06.04 2019나2027657
물품대금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) Company B and Defendant C are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as the reasoning of the judgment of the court of first instance, except for dismissal or addition or deletion as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

On the fourth top of the judgment of the court of first instance, the phrase “the entry of Paragraph 1” in one of the following shall be read as “the entry of the claim in the main office.”

Under the 8th judgment of the first instance, the term “return” shall be read as “returns stipulated in the instant return agreement”.

Once the judgment of the first instance is rendered, the following shall be added between the first and second classes below:

Article 5(1) of the instant contract provides that “The Defendant Company plans the goods agreed upon with the Plaintiff.” However, prior to the conclusion of the instant contract, the instant medicine is not products planned by the Defendant Company through agreement with the Plaintiff, as products that have already completed planning regarding capacity, efficacy and orientation for the sale of home shopping, EWG certification, and ingredients. As can be seen, the instant medicine is products planned by the Defendant Company for the sale of home shopping, rather than products to meet the Plaintiff’s demand, or products to meet the demand of the Defendant Company at least for the Plaintiff and the Defendant Company, rather than products for the Plaintiff’s demand. The instant medicine is in comparison with the medicine sold through other distribution channels prior to or after the transfer of the sale of home shopping, the instant medicine is almost identical to any one of the items in terms of product boxes, containers, dose, massages and perfu, EWG certification, ingredients, non-pharmaceutical report, etc. (e.g., products are almost identical to those of products after the sale of home shopping, and products prior to the sale of home shopping, etc. (for example.).

In particular, in the case of products sold through other circulation channels after home shopping sales, the volume of products is less than 30g and not containing glycerine and propool extractions, it is almost the same as the instant drug.

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