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(영문) 청주지방법원 2013.11.19 2012나4351

매매대금반환

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's lawsuit against the defendant shall be dismissed.

3...

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the statements or images set forth in Gap evidence 1 to 8 (including paper numbers; hereinafter the same shall apply) and the testimony of the witness F of the first instance trial by virtue of the whole purport of the pleadings:

The plaintiff is a person who runs wholesale and retail business of agricultural products under the trade name of "G," and the defendant is a person engaged in agriculture, such as cultivating bean.

B. On December 24, 2010, Co-Defendant B of the first instance trial concluded a contract with the Defendant to purchase 200 kg of "Saeng" (hereinafter "Saeung") 40 kg of "Saeng" (hereinafter "the instant contract") with the Defendant to purchase 51 million won (i.e., 6,375 kg x 40 x 200 g). On the other hand, Co-Defendant B of the first instance trial concluded a contract with the Plaintiff to sell 52.4 million won (=6,50 g x 40 g x 200 g x 200 g) on the same day, and received 51 million won for the instant contract from the Defendant and received 51 million won for the instant contract from the Plaintiff on the same day, and delivered 52.4 million won for the following day to the Plaintiff.

C. On December 26, 2010, the Plaintiff confirmed the quality of the Congo, and then demanded return of the Congo to B for the reason that the quality as the goods, such as the spaws, spaws, which were shown as samples on December 23, 2010 by the Republic of Korea, was considerably low, unlike the spaws for about 3 weeks, and were viewed as samples on December 23, 2010. Around January 3, 2011, the Plaintiff attempted to sell the Congo to two manufacturing enterprises of the two manufacturing enterprises of “E” through D agricultural partnership, but the above two manufacturing enterprises did not purchase it on the ground that the quality of the Congo is not good.

2. The assertion and judgment

A. (1) The main point of the Plaintiff’s assertion is that the Congo of this case, unlike the initial sample, raises the seeds, or does not know well, thereby holding the light.