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(영문) 대구지방법원서부지원 2020.12.10 2020가단2711
손해배상
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On January 1, 2019, the Plaintiff, the representative of “C”, entered into a contract with the Defendant for the consignment of laundry with the content that the Defendant received laundry from its customers and requested the Plaintiff to laundry and delivered the completed laundry to the Plaintiff (see evidence 1 of this case; hereinafter “instant contract”) and the main contents are as follows.

Article 8 (Return and Compensation) Where defective goods are taken over by the defendant, they may be returned within seven days only if they are recognized as defective goods in washing process, and in the case of defective goods the disposal of which is impossible, they shall be dealt with in accordance with the consumer damage compensation regulations.

The defendant is responsible for the lost or damaged goods caused by negligence in the distribution process after acquiring the goods.

If any defect occurs in the process of inspection (classification), the Plaintiff shall immediately notify and return the fact to the Defendant, and all the responsibilities arising therefrom shall be borne by the Defendant, and the Plaintiff shall not be liable.

If the responsibility for combined goods is not clear, the plaintiff may place a mark on the cause of defects and the responsibility through the laundry examining body, and if the responsibility is the plaintiff, the problem should be resolved immediately.

When any other problem arises, it shall be dealt with in accordance with consumer compensation regulations.

Article 9 (Cheating and Cheating) The Defendant’s filing of a penalty surcharge equivalent to 20 times the laundry fee in the event of detection of one-time illegal act without the Plaintiff’s consent.

When it is discovered twice under paragraph (1), a penalty surcharge equivalent to 50 times the laundry fee shall be claimed.

In the case of detection of three times under paragraph (1), the contract relationship between the plaintiff and the defendant shall be reversed, and the plaintiff shall not return the deposit to the defendant (e.g., revocation and correction, entrustment of the other company, and others).

B. On March 9, 2020 and March 18, 2020, the Defendant collected, delay, and collection, from the Plaintiff, the Plaintiff’s refund for the Nitrates that occurred after the conclusion of the instant contract.

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