(영문) 의정부지방법원 2017.08.18 2016가단121529

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(영문) 의정부지방법원 2017.08.18 2016가단121529

물품대금반환청구의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 24, 2016, the Plaintiff concluded a product supply contract with the content that the Defendant would be supplied with KRW 10,000 (hereinafter “instant auxiliary ship”) for KRW 79,750,000 (hereinafter “instant contract”).

B. Since then, the Plaintiff paid the Defendant the instant supplementary distribution cost in full, and the Defendant also supplied the Plaintiff with all of the instant supplementary distribution cost.

C. On the other hand, the Plaintiff sold part of the instant supplementary stack supplied by the Defendant to general consumers, and kept 9,203 currently without selling 9,203.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the assertion on the cause of claim

A. The cause of the claim ① Delivery of other products: The specification of the goods stipulated in the instant contract is 10,000 mAh, and the Defendant provided at will 10,400 mAh products.

② The delay of the delivery date: The delivery date stipulated in the instant contract was July 7, 2016, and the Defendant supplied to July 19, 2016.

3. Product defect: Defect that can not be filled easily, defect that is caused by the crynaf of the mother portion of the product, defect that falls short of the rated capacity, and defect that can be easily separated from the mother part and the inner part.

In the execution of the contract of this case, the defendant did not perform his obligations as follows, and there are the following defects in the subsidiary ship of this case supplied by the defendant:

Accordingly, since the plaintiff notified the defendant of the rescission of the contract in this case as of September 1, 2016, the contract in this case was rescinded.

Therefore, the Defendant is obligated to recover the amount of KRW 73,393,925 and the delay damages for the amount of KRW 73,393,925, which the Plaintiff kept without selling at present due to its restitution.

(b) the delivery and delivery date of the other product.

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