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(영문) 서울중앙지방법원 2017.05.25 2017나3764
물품대금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The plaintiff alleged that he purchased five kinds of goods on the Internet car page operated by the defendant, and there were defects in some of the goods (former lux flab plos, slicket, macker slick). In the case of some other goods (alkb slick, scarlog), the goods were not the goods sold by the defendant on behalf of the defendant.

This constitutes a reason for cancellation of contract, and the plaintiff and the defendant had cancelled the purchase contract on the above goods and agreed on October 31, 2015 to cancel the purchase contract on the above goods and to return the price of the above goods to the plaintiff by restitution. The defendant is obliged to pay the plaintiff the total amount of KRW 970,000 won.

2. Determination: (a) the Plaintiff purchased five kinds of goods on the Internet car page operated by the Defendant (hereinafter “instant goods”); (b) the date of remittance of the instant goods; (c) the account holder; (d) the amount of remittance; and (e) the name of the goods; (b) the name of the goods: (c) C; 158,000 won; (d) D; 205,000 won; (c) the Babs; (d) October 1, 2015; (d) the 427,000 won; and (d) the Plaintiff refused to return the goods; and (e) the Plaintiff’s 10,000 won; and (e) the Plaintiff’s 2); and (e) the Plaintiff’s 10,000 won and 10,000 won and 15,000 won and 2; and (e) the Plaintiff’s 10,015,000 won and 2,015.

As such, the Plaintiff demanded the return of goods after the lapse of one to six months from the time of the purchase of the goods.

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