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(영문) 서울고등법원(춘천) 2015.04.01 2014나722
판매대금청구의소
Text

The plaintiff's appeal is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

The reasons for our court's explanation concerning this case is as stated in the part of the judgment of the court of first instance, inasmuch as the grounds for our court's explanation on this case are as stated in the main sentence of Article 420 of the Civil Procedure Act.

With regard to the claim for the payment of the sales proceeds of the additional part of contract, if Gap evidence 6, Eul evidence 8, Eul evidence 9-1, 2, 3, Eul evidence 10-1, 22, and Eul evidence 10-1 through 22, Eul evidence 10-2, and Eul evidence 11, witness K and witness of the court of first instance, each testimony of the witness of the court of first instance and the witness of the court of first instance shows the whole purport of the pleading, it is true that the normal brain has a high age to transplant for three years, and the success rate is lower. Accordingly, the probability of being killed for nine years is remarkably high, and the death rate reaches 90% (the appraiser of the court of first instance has appraised to the effect that the natural loss rate of the plaintiff was only 20%, in light of the process of selecting appraisers, the relation between appraisers and the plaintiff before the selection, the reason for the appraisal, and the degree of appraisal of the contents of appraisal before the selection, and so on.

In light of these facts, it is not sufficient to recognize that the Plaintiff sold the brain ginseng transplanted by the Defendant corporation as a whole, including the fact that approximately 90% of the brain ginseng transplanted by the Plaintiff to the original Defendant corporation’s business site for a year, the Defendant corporation promoted the drug-based tourism product, and the fact that the Defendant corporation supplied the drug-based tourism product equivalent to KRW 165,89,200 to the Gangseo Islands, and there is no other evidence.

With respect to the claim for damages.

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