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(영문) 서울고등법원 2016.09.30 2016나2017666
선급금반환
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 reasoning for the court’s explanation concerning this case is as follows, and the reasoning for the judgment of the court of first instance is the same as that for the judgment of the court of first instance, and such reasoning is cited pursuant to the main sentence of Article 420 of the Civil Procedure

o The part of the "claim for Damages Caused by Unlawful Act" No. 12-18 of the judgment of the first instance court, and the part of the "determination on the claim for damages caused by Unlawful Act" of the 16-10th 7th o.

On July 8, 2016, the Plaintiff withdrawn all the remaining claims other than “compensation for Non-performance of Obligations” and “Advance return” through a preparatory document on July 8, 2016.

o The Plaintiff asserts to the effect that the sales of home shopping in the Plaintiff’s household was nonexistent due to the Defendant’s failure to supply the home shopping household originally agreed upon. However, the instant contract does not include all the matters concerning the supply of home shopping, including the items, quantities, specifications, etc., as well as the descriptions of the evidence Nos. 28 and 33, and the purport of the entire pleadings in the testimony of the witness E of the Party Party E, the Plaintiff’s failure to broadcast the home shopping, regardless of the volume of the goods sold, seems to have affected the Plaintiff’s exhaustion in the case of a fixed-amount broadcasting method that the Plaintiff pays certain profits to the broadcasting company regardless of the volume of the goods sold.”

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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