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(영문) 서울고등법원 2016.12.20 2015나2074433
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a company established pursuant to the Singapore Act and engaged in the supply of mobile communications-related products, such as mobile phones, and the Defendant is a corporation established pursuant to the laws of the Republic of Korea and has a place of business in the Republic of Korea.

B. On July 28, 2014, the Defendant sent to multiple buyers, including A, a person in charge of the Plaintiff, an e-mail to sell at USD 395 per unit 3,000, the e-mail with the content that the Defendant would sell at USD 5,000 per unit of 395. The delivery condition was the delivery condition, Korea’s mother Ship (FOB Korea), the payment method was 20% of the down payment, and the remainder 80% of the remainder.

On the other hand, the Plaintiff did not have any transactional relationship with the Defendant before receiving the above e-mail from the Defendant.

C. On August 5, 2014, the Defendant sent to the Plaintiff an estimated invoice of the 393,000 dollars (39,300 dollars per unit 39,300 dollars per unit 39,300 dollars per unit 393,00 ($ 393 dollars) of the Alphone 5 Product Model Number FD298 Z/A1,00 (50 40 color, 600 white, and the above ZA refers to the country code of Singapore; hereinafter “A” means the country code of Singapore; hereinafter “A” means the Asia English (A4-1), Japann HK (3-24) of the total amount of 393,000 dollars (39,300 dollars per unit 393 dollars). The Plaintiff, on the same day, remitted the Defendant the same amount of goods to USD 353,700 on August 6, 2014.

On August 11, 2014, the Defendant delivered to the Plaintiff a model number fD297KH/A 1,000 of the model product model number FD297 KH/A 1,000 (hereinafter “the India Goods”).

E. The Plaintiff’s C and the Defendant’s D(B) reached India as above, and then sent and received the following e-mail from around 13:49 on August 12, 2014 to 18:41.

① The Plaintiff ordered FD298 ZA/A in accordance with E’s estimate invoice that she received from the Defendant, i.e., “Alop 5’s spectrum”, and all products received by us were FD297 KH/A as the Korean language.

In other words, we will cancel orders for immediate refund.

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