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(영문) 의정부지방법원고양지원 2016.12.14 2015가단34676
물품대금 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's summary of the plaintiff's assertion was to purchase one channel 500 boxes from the defendant, and the defendant paid 22.5 million won (45,000 won per piece) to the defendant.

The defendant supplied only 1 channel 4266 boxes to the plaintiff, and supplied 2 channel 39 boxes to the others, but the remaining 2 channel 2,000 boxes were supplied to the plaintiff, but the remaining 19 units were not supplied.

Since there is a defect in the one channel show that the defendant supplied, the plaintiff returned 405 pieces of one channel show to the defendant, but the defendant returned only 4.5 million won to the plaintiff for a single channel show 100 pieces of show.

Therefore, the defendant is obligated to return to the plaintiff the remaining 13,725,00 won (=45,000 won x 305) and the 1,615,000 won (=85,000 won x 19) for the 19-channel 19 pieces not supplied to the plaintiff.

In addition, the defendant should pay consolation money of KRW 10 million to the plaintiff, since he sold a black box that could not be sold because he belongs to the plaintiff due to the defect of the plaintiff due to the misunderstanding theory.

2. The judgment of the defendant asserts that the party who entered into a sales contract with the plaintiff is not the defendant, because the defendant is not a corporation Co., Ltd. (hereinafter referred to as "C"), who serves as the representative director, and therefore, is the party who entered into a sales contract with the plaintiff.

In full view of the statements in Gap evidence 1, 2, and Eul evidence 1, Eul, the purpose of which is to manufacture and sell a motor vehicle black box, and which is the representative director, Eul issued a written estimate of KRW 22.5 million to the plaintiff on December 6, 2012, stating the quantity, unit price, and amount of one channel black box box, Eul issued a written estimate of KRW 1,250,000,000 to the plaintiff on December 6, 201, and the account number of the national bank in the name of the defendant is stated in the said written estimate, and the plaintiff received the said written estimate, and the

7. Recognizing the fact that he has remitted 22.5 million won to the above account.

3.2

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