손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The Plaintiff, in determining the cause of the claim, purchased monitors from the Defendant in KRW 298,00, and withdrawn the offer due to the defect in which the fixed amount of the above monitors was destroyed, and filed a claim for the payment of KRW 298,000 for damages due to nonperformance, asserting that the Defendant did not refund the above amount.
The Plaintiff settled KRW 298,00 through the Internet shopping mall “C” on June 20, 2016 and purchased a monitor from the Defendant. The Plaintiff was delivered to the Plaintiff on or around June 22, 2016, and the Plaintiff requested the exchange with the Defendant around that time due to the damage of the monitor’s amount. However, the Defendant’s refusal to exchange with the Plaintiff due to the Plaintiff’s negligence is recognized as either the dispute between the parties, or the evidence No. 1 (No. 6) and No. 2 and No. 3.
However, it is difficult to view the Plaintiff’s request for exchange as falling under the withdrawal of the offer under Article 17 of the Act on the Consumer Protection in the Electronic Commerce, Etc. (the Plaintiff appears to have expressed his/her intent to cancel the order or cancel the contract only after September 28, 2016, which is not effective since the Plaintiff failed to comply with the period prescribed by the aforementioned Act). The evidence submitted by the Plaintiff alone is insufficient to recognize the fact that the fixed amount of monitoring was already damaged at the time of delivery, and there is no other evidence to support that the Plaintiff suffered damage due to the
The plaintiff's assertion is without merit.
2. The plaintiff's claim for conclusion shall be dismissed for lack of reasonable grounds.
The judgment of the first instance is consistent with this conclusion, and the plaintiff's appeal is dismissed.