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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 as to this part of the facts and the Plaintiff’s assertion is the same as the entry “1. Basic Facts” in the reasoning of the judgment of the court of first instance, and the “2. Plaintiff’s assertion” in the third 16th of the “3rd of the judgment” in the “2. Plaintiff’s assertion” is merely the use of the same composition and content as that being used in L, etc., but it is merely the use of the same program. However, G University International Language Research Institute deceivings it as an expression fishing program itself developed and under its control.” The fourth 7th of the “Article 42(1) of the Commercial Act” is the same as the entry, except that it is written in accordance with the main sentence of Article 420 of the Civil Procedure Act by directly applying or analogically applying Article 42(1) of the Commercial Act.
3. Determination
A. On the premise that Defendant C bears the liability for damages arising from a tort, the Plaintiff is liable for the direct application or analogical application of Article 42(1) of the Commercial Act to the Plaintiff as a transferee of the business, under the premise that Defendant C bears the liability for damages arising from a tort. As seen below, the Plaintiff’s liability for damages against Defendant C as a transferee of the business, who is a mutual continuous business pursuant to the direct application or analogical application of Article 42(1) of the Commercial Act. As such, the Plaintiff’s liability for damages against Defendant C as to the conjunctive Defendant C, is nonexistent due to the lack of any justifiable reason. Thus, whether to apply Article 42(1) of the Commercial
B. (1) The reasoning for the determination of the claim against Defendant C with respect to the conjunctive Defendant C’s deception (A) is that the Defendant C bears the testimony of the witness M in the first instance trial and the evidence submitted by the Plaintiff alone, among the parts concerning “A. Whether or not Defendant C acted or not” from 5 to 9 of the first instance court’s decision, the following part of the part concerning “the comprehensive view” from 6th 21 of the part concerning “A. Whether or not Defendant C acted or not” (Article 7 to 4 of the part).