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(영문) 청주지방법원 충주지원 2018.05.10 2016가단6302
계약금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

A. The Plaintiff entered into a sales contract (hereinafter “instant contract”).

Article 2 (Goods Handling) (1) The term "C" means food treatment equipment for household and business establishment supplied to "A" (Plaintiffs) (C) (1) The C shall actively provide support through newspapers, monthly advertisements, online advertisements, etc. to promote sales.

(2) C shall make every effort to ensure that A has the competitiveness in the sale of products from other similar companies, and shall make every effort to improve the image of the products for sale and obtain various certifications.

(3) C shall make every effort to ensure smooth supply of products and quality assurance of products.

Article 9 (General Terms and Conditions of Sales) (1) A shall take effect immediately after the deposit of KRW 11,00,000 in the local general sales deposit amount is made in C's number D of the head of the NAC.

Article 14 (Indemnification) Any damages arising from the nonperformance of a contract by C shall be compensated for twice as prescribed in Article 9 (General Terms and Conditions of Sales).

* Distribution of 50 household units at the same time as a separate lottery contract.

(1) (After August 9, 2013), the Plaintiff paid the Defendant a down payment under the instant contract amount of KRW 5 million on July 31, 2013, and KRW 6 million on August 3, 2013, and thereafter received 50 vehicles and appliances (for home use) from the Defendant.

【In the absence of dispute, the Plaintiff asserted the purport of the entire pleadings and entries in Gap evidence Nos. 1 and 2 (including a provisional number; hereinafter the same shall apply). The Plaintiff paid the Defendant a down payment of KRW 11 million under the instant contract, and supplied it to the consumers after receiving 50 food treatment equipment from the Defendant.

However, due to the defect of the product (e.g., the backflow of the discharge water), the plaintiff paid a refund and damages to the consumer. Since then, the plaintiff requested the defendant to return the product and terminate the contract and agreed to exchange the product with the defendant within one month.

Therefore, it is true.

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