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(영문) 대전지방법원 2016.01.28 2015나4038
근저당권부 채무부존재 확인 등
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 stated in the reasoning of the judgment of the court of first instance, in addition to the dismissal or addition of part of the judgment of the court of first instance as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

【The part to be removed or added 【(2)’ following the third party’s second party’s “(2)”, the Defendant agreed at the agency conference on May 2, 2008 to allow return of the sirens in principle at the time of a type, quality or higher than that of C, etc. However, the Defendant’s failure to properly supply the Ansans from around 2012 to the end of 2012 constitutes a single type of suspension of the production of sirens at the time of the end of 2012, and the Defendant is obliged to receive return all of the sirens that C did not sell in accordance with the above agreement or the good faith principle. In light of the above circumstances, the sum of the sirens to be returned is equivalent to KRW 105,201,80, and is also equivalent to KRW 800.” Meanwhile, the Defendant added the same.

The following goods shall be added to “returnd goods” in Part 3 and “goods returned” in Part 15:

The following shall be added to the next 20th activity:

On the other hand, according to the purport of the evidence Nos. 2 and 7 and the whole pleadings, the goods purchased at the same time under Article 12 of the agency contract between the defendant and C may not be returned.

However, if it is recognized as a defective product, it may be returned.

In the event of an agency meeting of the defendant and the representative of the agency held on May 2, 2008, the contents of the previous “permission to return to the following month after return by each quarter” are as follows: (a) in the previous “permission to immediately adjust the return, suspend the product type, and return the products to the head office for more than a certain period; and (b) in the event of the permission to return the products to the head office for more than a certain period, the return shall be impossible.”

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