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(영문) 서울고등법원 2016.05.17 2015나2052655
분양대금반환 등
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same part of the judgment of the court of first instance as that of the Defendants, except for the parts added to the following items, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

2. On the 14th page 15 of the first instance judgment, the addition of the part to be made by the Plaintiff shall add the judgment as follows with respect to the allegations raised by the Plaintiff in this court.

“The Plaintiff, at the time of the conclusion of the instant sales contract, shall place false and exaggerated labeling and advertising with respect to the Plaintiff’s business of undergroundization of railroads from the Seoul Station to the Han River at the time of the conclusion of the instant sales contract, the height of the business consent of the instant apartment, and the location of the volatilen Center (hereinafter “Indication and Advertising Act”).

In light of the above, Defendant Asian Trust asserts that the Plaintiff was liable for damages sustained by the Plaintiff. The term “false director’s advertisement” as referred to in Article 3(1)1 of the Labels and Advertising Act refers to an advertisement that is likely to deceive or mislead consumers by advertising differently from the fact, or excessively unrecognating facts, and that is likely to undermine fair trade order. Whether an advertisement is likely to deceive or mislead consumers should be objectively determined on the basis of the overall extreme increase that ordinary consumers receive the pertinent advertisement (see, e.g., Supreme Court Decisions 2009Da67979, 67986, Aug. 26, 2010; 2008Du646, Nov. 13, 2008; 2008Du646, Jun. 27, 2003; 2006Du6565, Jun. 27, 2005).

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