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(영문) 수원지방법원 2019.11.28 2018나83826
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. Facts of recognition;

A. The Defendant is an enterprise operating online shopping mall using the “C” website.

B. On January 23, 2018, the Plaintiff entered into a contract to purchase “E” (hereinafter “TV”) supplied by D Co., Ltd. at the Defendant’s website for KRW 675,000 (hereinafter “instant primary contract”) and paid KRW 665,00 with the credit card in the Plaintiff’s name, as KRW 665,00,000, and KRW 10,000 with B points.

C. On January 24, 2018, the Plaintiff entered into a contract to purchase the same kind of TV set forth by D at the Defendant’s website in KRW 645,00 (hereinafter “instant secondary contract”) and paid the said amount with the credit card in the name of the Plaintiff, and filed an application for return of the instant first contract.

On January 25, 2018, the instant TV was delivered to the Plaintiff pursuant to the instant first contract, and the Plaintiff received and opened it without objection.

E. Pursuant to the instant secondary contract on February 5, 2018, TV of the same kind was additionally delivered to the Plaintiff, and the Plaintiff was returned after receipt by the Plaintiff. On May 24, 2018, the Defendant revoked KRW 645,000 in the credit card settlement amount in the name of the Plaintiff under the instant secondary contract.

F. Of the Defendant’s website, the details of the arrangement are specified as follows in the instant TV sales page.

After the receipt of the product is completed, exchange and return are not possible due to simple changes, depreciation defects.

Upon completion of acceptance: It may be restricted to return if the collection is delayed due to reasons attributable to the customer when return or exchange is made by linking all of the main items in the state of the completion of the signature with the customer who is not abnormal in the appearance after completion of the installation and trial operation of the goods after delivery.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, 6, 8, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff alleged in the parties.

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