Main Issues

Transport and delivery to each owner of a sold movable

Summary of Judgment

In the case of the sale of movable property, in case where the subject matter of sale is transported to each owner, it is reasonable to prevent payment of the purchase price and to view that the subject matter of sale has been delivered, unless there are special circumstances, and in case where the subject matter of sale is transported to each owner for repair due to incomplete parts in the subject matter of sale, it is necessary to examine and determine whether to refuse to receive delivery by incomplete performance or to request repair after receipt of delivery.

[Reference Provisions]

Article 178 of the Civil Act

Plaintiff-Appellant

Gisung Tak corporation

Defendant-Appellee

Park Jong-chul et al.

Judgment of the lower court

Seoul High Court Decision 57 civil defense 569 delivered on October 14, 1957, Seoul High Court Decision 2005Da569 delivered on October 14, 2007

Reasons

In the case of the sale of movable property, it is reasonable to view that the object of sale is delivered to prevent the payment of the price and the object of sale from being delivered, unless there are special circumstances. In the case of the defective part of the object of sale and purchase, in order to repair it, it is necessary to examine and determine whether the delivery was refused by incomplete performance or the delivery was received by an associate owner, and then only the repair was requested. In this case, according to the records and the original judgment, the plaintiff purchased the machinery from the defendant Park Young-chul and received it from the plaintiff Park Young-chul, but requested the defendant Park Jong-chul for the repair of the defective part after receiving it from the repair cost and transportation cost. However, although the court below asserted that the sale contract of the machinery between the plaintiff company and the defendant Park Jong-chul was established and that the defective part was transported to the plaintiff Yang-chul factory, it cannot be viewed that the court below erred in the misapprehension of legal principles as to the object of sale and purchase, which can not affect the delivery.