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(영문) 수원지방법원 2019.10.02 2018나10491
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

가. 원고는 ‘C’이라는 상호로 원사(原絲) 판매업 등에 종사하는 개인사업자이고, 피고는 ‘D’라는 상호로 편직, 염색 등 가공을 거쳐 원사를 원단으로 만들어 판매하는 영업에 종사하는 개인사업자이다.

B. On January 18, 2016, the Plaintiff supplied the Defendant with fiber yarn (product name E, LOT NOF) 1,296km (hereinafter “the instant raw yarn”).

The Defendant processed the original death of this case through Nonparty G as the original body (the “place” without undergoing a chromosome process, the “chromosome” following it, and all of them “the original body of this case”) with the cost of KRW 3,071,827, and provided that the Plaintiff has a problem in the quality of the original body of this case.

C. Accordingly, while providing another textile yarn to the Defendant, the Plaintiff entrusted the Defendant with the sale of the above originals made by the Defendant processing the originals of this case to another company.

(hereinafter “instant sales consignment contract”). D.

On November 3, 2017, the Plaintiff expressed to the Defendant an intention to cancel the instant sales consignment agreement on the grounds of the instant delay in sales of the original group.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, Eul 1, 2 and 3 evidence, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) lawfully rescinded the sales consignment agreement of this case against the original body of this case. However, the Defendant not only lost part of the original body of this case, but also deteriorated quality due to defective packaging of the remaining parts, but also did not provide inspection reports, etc. Accordingly, it was impossible to return the original body of this case to the Plaintiff. Therefore, it is impossible to recover the original body of this case by compensating for the value following the cancellation of the sales consignment agreement. As such, the Defendant’s restoration to the original body of this case by compensating for the Plaintiff for the value of the original body of this case (i.e., KRW 11,965,855 (i., the value of the original body of this case) (i.e., KRW 7,413,120).

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