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(영문) 서울서부지방법원 2019.10.30 2019가단205704
매매대금반환
Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 50,507,801, and 6% per annum from December 9, 2018 to October 30, 2019.

Reasons

1. Basic facts

A. The Plaintiff, under the trade name of “D”, intended to purchase the old brushes and bags (hereinafter “the old brushes”) from Defendant B (hereinafter “Defendant Company”) while operating an overseas masters editing store, and paid the Defendant Company totaling KRW 61,721,059 as the price of the goods from June 1, 2018 to October 5 of the same year.

(hereinafter “instant purchase contract”). B.

On November 29, 2018, Defendant C, as the representative of the Defendant Company, drafted a certificate of loan to the Plaintiff that the Plaintiff would pay 64,338,714 won as a result of the failure to pay goods under the said purchase agreement until December 8, 2018.

(hereinafter “instant return agreement”). / [The grounds for recognition] Gap’s each entry in Gap evidence Nos. 1, 4, 7, and 8, and the purport of the whole pleadings.

2. The plaintiff's assertion

A. The Plaintiff asserted against the Defendant Company: After the instant return agreement, the Plaintiff deposited KRW 3,557,243 into the Defendant Company’s account by paying KRW 3,57,243 with official duties, logistics expenses, etc., but did not receive the goods; the Defendant Company returned only KRW 14,770,501 to the Plaintiff on January 18, 2019.

On the other hand, the Plaintiff decided to purchase the OF product from the Defendant Company and paid KRW 3,40,000 as the down payment on July 17, 2018, and was scheduled to pay the remainder of KRW 7,668,00,000 around February 2019. However, the Plaintiff could not trust the Defendant Company due to the following reasons: (a) delay in refund related to the instant purchase contract; (b) failure to pay refund for the Plaintiff; and (c) failure to pay the remainder of the OF product purchase contract due to the fact that the old hazardous chemical products, which the Defendant Company intended to sell to the Plaintiff, had been proved to be a mother product.

Ultimately, the Plaintiff suffered special damages that did not recover KRW 33,40,000 from the down payment for the purchase contract of the OFT product due to nonperformance related to the instant purchase contract by the Defendant Company.

Therefore, in accordance with the instant return agreement, the Defendant Company’s KRW 50,507,801 = 61,721,059 for the purchase of goods, and KRW 50,500 for the Plaintiff.

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