매매대금반환
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. On November 30, 2017, the Plaintiff entered into a contract to purchase “C” 254 stuffs (98,000) (hereinafter “instant product”) from the Defendant for KRW 165,00,000 (hereinafter “instant contract”) and paid the full payment to the Defendant around that time, there is no dispute between the parties.
2. The parties' assertion and judgment
A. 1) The Plaintiff entered into the instant contract with the Defendant and paid the price in full to the Defendant, but the Defendant did not supply the instant product to the Plaintiff so far. In addition, the Defendant, at the time of the instant contract, did not supply the instant product to the Plaintiff by January 31, 2018 (hereinafter “D”).
(2) At the time of the instant contract, the Defendant was under custody in the warehouse E Co., Ltd. (hereinafter “E”), but upon receiving a request from the Plaintiff to keep the instant product in the warehouse, the Plaintiff completed the obligation to deliver the instant product by delivering the instant product to the Plaintiff according to the method of transferring the right to claim the return of the object under Article 190 of the Civil Act under the agreement of the third party upon receiving a request from the Plaintiff to keep it in the warehouse, and upon obtaining the consent of the third party, the Plaintiff completed the duty to deliver the instant product by delivering the instant product to the Plaintiff pursuant to the method of transferring the right to claim the return of the object under Article 190 of the Civil Act.
In addition, at the time of the instant contract, the Defendant did not have promised to re-purchase the instant product to the Plaintiff via D, a related company.
Therefore, the plaintiff cannot respond to the request.
B. 1) The Defendant’s evidence Nos. 1, 2, and 3 (including paper numbers; hereinafter the same shall apply) as to whether the Defendant’s obligation to deliver the instant product was fulfilled
In full view of the respective descriptions and the whole purport of the pleadings, the Plaintiff.