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(영문) 서울남부지방법원 2018.01.26 2016가단257521
기타(금전)
Text

1. The Defendant’s KRW 12,562,00 for the Plaintiff and 5% per annum for the period from December 20, 2016 to January 26, 2018.

Reasons

1. Comprehensively taking account of the overall purport of pleadings as to the Plaintiff’s claim, the Plaintiff entered into a contract with the Defendant on October 2013 with the content of requesting the Defendant to design and produce the “contrawer case” (the instant contract). On February 5, 2014, the Plaintiff paid the Defendant totaling KRW 12,562,00 in the cost of design and production of the gold-type under the instant contract. The “contrawer rink case” under the instant contract was entrusted by the Plaintiff to the Defendant for the production of the case to the Defendant, which is a special design company, and was installed outside the special design company (including each number) and thus, the Plaintiff still did not comply with the Plaintiff’s request for a correction and waterproof function for the purpose of delivering the case to the Defendant, and the Plaintiff still did not comply with the Plaintiff’s request for a correction and waterproof function, following the change of the design and waterproof function of the part of the instant contract to the Plaintiff by the Defendant to the extent that it did not comply with the correction and waterproof function of the Defendant’s.

According to the above facts, the contract of this case was rescinded by the plaintiff's declaration of intent to rescind due to the defendant's non-performance of contractual obligations.

As such, the defendant is obligated to return to the plaintiff the total of KRW 12,562,00,000 paid for the production cost.

In addition, the plaintiff is also unable to perform his/her duties.

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