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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2018.06.21 2017나60916
물품대금
Text

1. Of the parts concerning the counterclaim against the judgment of the court of first instance, the money which orders the payment below.

Reasons

1. Facts of recognition;

A. The Defendant has been manufacturing and selling by ordering microphones, etc. through Internet shopping malls.

B. On May 13, 2016, the Plaintiff confirmed the Defendant’s product through the recreation, and asked the Defendant’s office for the payment method, the timing of receipt of the product, etc. by disclosing four micro-stacks to be used for the shock film production, by telephoneing at the Defendant’s office.

The Defendant responded to the purport that “in the case of settling gold immediately, the products will come from the next week, and if necessary, the Plaintiff will contact because the internal affairs will not work.”

C. (1) On May 16, 2016, the Plaintiff sent a text message to the Defendant, which asked Seoul, at around 13:43, whether it may receive any time when ordering, while making a proposal for production to the Defendant.

At around 14:16, the defendant sent a reply to the plaintiff that he was in the last week.

(2) At around 15:07, the Plaintiff posted the Defendant’s web page with a text message indicating whether it is possible to work, and sent the Defendant a text message verifying whether it is possible to work. At around 15:12, the Defendant sent the notice in attached Form along with the text message that it would proceed to the Plaintiff.

(3) At around 15:23, the Plaintiff registered a file on the Defendant’s web page stating the original information.

(4) At around 15:45, the Plaintiff: (a) settled 231,520 won at the Auction and purchased three microphones of the Defendant (hereinafter “instant sales contract”); (b) immediately after that, the Plaintiff told the Defendant to the effect that the product ought to be received by May 20, 2016 by telephone from the Defendant.

(5) At around 16:02, the Plaintiff made a revised proposal to the Defendant’s web gate, and received text messages from the Auction that ① around 16:03, the Plaintiff’s purchased goods will be sent on May 26, 2016, and ② around 16:04, the text messages that the goods were sent on a door-to-door basis.

The Plaintiff’s phone call to the Defendant around 16:04, and then received the product on May 20, 2016, as the microphone is necessary for the exercise of the Plaintiff’s company.

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