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(영문) 부산지방법원 2016.05.20 2015나8671

매매대금

Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. The facts below the facts of recognition do not conflict between the parties, or can be acknowledged in full view of the whole purport of the arguments in Gap evidence No. 1 and Eul evidence No. 1.

The plaintiff is a person who engages in cosmetic sales business in the trade name of C.

B. On October 7, 2014, the Plaintiff sold C 12 sets to the Defendant KRW 10,560,000 in total ( KRW 880,000 x 12) per set. On the same day, the Plaintiff was paid KRW 8,00,000 out of cosmetics by the Defendant.

C. The Defendant used and disposed of part of the above cosmetic 4 sets and piece of items. D.

The Defendant appealed to the Plaintiff that the side effect was inflicted on the skin while using the above cosmetics, and accordingly, the Plaintiff and the Defendant decided to refund the above cosmetics.

E. On December 19, 2014, the Plaintiff returned 7,016,064 won to the Defendant on the same day as the refund for the cosmetic returned to the Defendant on the same day.

2. Judgment on the plaintiff's assertion

A. (1) Both parties’ assertion that the Plaintiff is obligated to pay to the Plaintiff the amount of 2,560,000 won (10,560,000 won - 8,000,000 won) payable to the Plaintiff.

As to this, the plaintiff and the defendant asserted that around December 19, 2014, the plaintiff and the defendant agreed to refund the cosmetics not used by the defendant and that the plaintiff would not receive the remainder of the cosmetics.

(2) The following circumstances revealed in full view of the facts of the above recognition and the purport of the entire pleadings, namely, ① the Defendant purchased cosmetics by actively recommending the Plaintiff; ② the Defendant complained against the Plaintiff for damages caused by the side effects of cosmetics; and the Plaintiff filed a refund order despite the lapse of the period of refund; ③ the Plaintiff was requested to pay the damages lake and marsh and refund due to side effects by the Defendant.