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The appeal by the plaintiff (Counterclaim defendant) is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
purport, purport, and.
Reasons
1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following "2. Additional determination" as to the allegations added by the plaintiff in this court, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. Additional determination 1 on the main lawsuit is that the plaintiff must prove that the defendant B and C did not present the sales data to the plaintiff in the first instance trial. Thus, the plaintiff asserts to the effect that it is unfair since the plaintiff bears the burden of proof that it is actually impossible. The plaintiff bears the burden of proof as to the facts of infringement of rights. Since the plaintiff asserts that "the defendant B and C did not present the sales data to the plaintiff" as an element of deception and non-performance of obligation, it is reasonable to deem that the burden of proof belongs to the plaintiff. Since the provision of sales data to brokerage agents and brokerage assistants and the performance of the duty of explanation is completely different in nature, the doctor bears the burden of proof as to the performance of the duty of explanation (see Supreme Court Decision 2005Da5867, May 31, 2007). The decision that the doctor bears the burden of proof as to the performance of the duty of explanation in the above case is necessary to explain the doctor's duty of explanation in the document as a procedure and the duty of explanation in the document.