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(영문) 서울고등법원(춘천) 2016.05.18 2015나2718
손해배상(기)
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

As to this case, our court's explanation is the same as the part of the reasoning of the judgment of the first instance, which is obtained by deducting the following contents from adding them to the following Paragraph 2, thereby citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(1) In the first instance, the Plaintiff concluded a contract for the instant product without notifying the Plaintiff of the fact that the Defendant knew or could have known that the Defendant was unable to properly operate the former system in the former part of the Madle section where the former was installed, and concluded the contract for the instant product without notifying the Plaintiff of such circumstance. Although the Plaintiff asserted that there was a defect in the objective nature and performance expected in the transaction norm, or that there was a defect in the nature of expectation or guarantee of the instant product, it is not sufficient to recognize it with the Plaintiff including the testimony of the witness A, and there is no other evidence.) additional part of the contract is the contract for the instant case. Therefore, in determining the defect of the object, the Plaintiff asserts that the criteria for determining the defect of the object of the sale should be applied to the contract for consideration in accordance with Article 567 of the Civil Act because it is also a contract for remuneration, and the Civil Act also provides for a special rule under Article 667 of the Civil Act as to the warranty liability as to the contract, it is reasonable to deem the criteria for determining the defect in the contract as is.

The plaintiff's assertion is without merit.

The plaintiff's appeal is dismissed as it is without merit, and the costs of appeal are assessed against the plaintiff.

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