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(영문) 울산지방법원 2014.09.17 2014나1522

매매대금반환

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1.In accordance with changes in claims in the trial, the judgment of the first instance shall be changed as follows:

The plaintiff's claim is dismissed.

Reasons

1. Judgment on the plaintiff's assertion

A. On June 2012, the Plaintiff purchased the beds from the Defendant, and the said beds were products produced around March 2007, and the corrosion was already underway.

The Defendant did not properly notify the Plaintiff of the nature of the goods, which constitutes a deception, and thus, the Plaintiff cancels this, and seek the return of the purchase price of KRW 1.2 million with unjust enrichment.

B. According to the video of the evidence No. 5, it is recognized that the facts stated "007103,103" on the date of the manufacture of the above be admitted, but this is not a mark of ordinary date (which appears to be a serial number), and it is difficult to conclude that the date of the manufacture of the bed shall be March 2007, and there is no other evidence to acknowledge the plaintiff's assertion.

Rather, comprehensively taking account of the overall purport of the pleadings 1 and 2 in each video of the evidence Nos. 4-1 and 2, the Plaintiff purchased KRW 1.2 million, which is an exhibition product, < Amended by Presidential Decree No. 2000, Jan. 18, 2014; Presidential Decree No. 2507, Jan. 18, 2014>

2. The plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit.