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(영문) 전주지방법원 2020.07.01 2019나11404

매매대금반환

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1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Facts of recognition;

A. The Plaintiffs are those who intend to purchase D’s scrapers without any domestic sales store as a manufacturer of Germany, and the Defendant is a merchant operating “E” which is a personal business entity that imports, distributes, and sells scrapers, etc. from Germany and France, and is capable of conducting direct trade with D.

B. On November 2017, the Plaintiffs concluded a consignment sales contract between the Defendant and the Defendant (hereinafter “instant contract”) whereby the Defendant would act as an agent for the purchase of bits from D (hereinafter “instant contract”).

C. At the time of the instant contract, the Plaintiffs requested the Defendant to send cell phone text photographs to the Defendant and to make up for the purchase agency of each of the Plaintiffs with the same products as the pictures sent by them (the model name “F,” with the entrance door affixed to the option) respectively. The Defendant accepted the request and demanded the Plaintiffs to pay for each of the commission commission amounting to KRW 15 million per 1,5 million.

Accordingly, on November 15, 2017, Plaintiff A paid 15 million won each on consignment sale on November 14, 2017, and Plaintiff B paid 15 million won each on consignment sale.

E. After that, around March 10, 2018, the Defendant attempted to deliver one unit of lele to the Plaintiffs, but the lele was not set differently from the contents ordered by the Plaintiffs.

(A) The Plaintiff refused to accept it and then the said Baler currently maintained by the Defendant. As the Plaintiffs resist, the Defendant demanded to send additional entrance doors to D, which, as the entrance was installed directly by the Defendant, promised to deliver it until April 2018.

G. However, until April 2018, the Defendant did not deliver a strawer with the entrance door, and did not receive the entrance door from D, and 1.5 million won per 1,500,000 won per vehicle for the repair cost of the entrance door.