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(영문) 서울중앙지방법원 2015.06.10 2013가단5160137
환불금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 23, 2013, the Plaintiff Company ordered 100 10 vehicles cream boxes (hereinafter “instant products”) manufactured by Nonparty C&P Co., Ltd. (hereinafter “Nonindicted Co., Ltd”) to the Defendant Company (former BT-2000L 16G, hereinafter “Nonindicted Co., Ltd”) to receive supply orders by May 1, 2013, for each supply price of KRW 145,000 per unit (hereinafter “instant products”).

(hereinafter “instant contract”). B.

On May 23, 2013, the Defendant Co., Ltd. supplied the Plaintiff Co., Ltd. with 250 units of the instant product, and supplied 50,000 won of supply value on May 24, 2013 (unit price of KRW 9,900; additional tax of KRW 50,000,000 of supply value on August 6, 2013, respectively, with 100 unit price of the instant product (unit price of KRW 5,500; additional tax of KRW 5,500), respectively.

C. On May 24, 2013, the Plaintiff Company transferred KRW 36.25 million to the Defendant Company, and KRW 495,000,000, around May 28, 2013.

Plaintiff

On September 9, 2013, the Defendant Company issued to the Defendant Company a certificate of content requesting the return and refund of the instant product, since the failure to perform the contract due to the delay in the operation of the Defendant Company’s Joint Purchase Experience and the implementation of the commitments to jointly purchase, and the failure to implement the customer response and A/S commitments to deal with the Defendant Company, was identified as the grounds for returning the instant product. The instant contract received the instant product from the Defendant Company’s fraud.

E. On October 7, 2013, the Plaintiff Company confirmed the respective quantities of 247 and cables 103 products of this case from the Defendant Company’s employees A, and obtained signatures from B in the column of the consignee of the transaction specification of “return” regarding 247 products of this case (29,845,751 won) and 103 regular electric power plant cables (717,601 won) and placed each of the said products and cables as “return” to the Defendant Company.

[Grounds for recognition] Gap 1 to 6, Eul 1 to 3, part of Gap's witness's testimony, the purport of the whole pleadings

2. Determination as to the cause of action

(a) the cause of the claim is one-way;

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