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Reasons
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(영문) 서울남부지방법원 2015.02.12 2014나53375
매매대금반환
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 12, 2013, the Plaintiff ordered the Defendant with the following goods:

1 EP2C5T 14CN 144C8N 13 720 4,900 4,528,000 3,5270,000 2 EPM 1276C 256C 56,000 won 2,646,000 3 SIG 9134CU (100TP) SAL 10134CU (100TGE 10,80 2,470 4,446,00 won 4,470 4 SIG 9135CU (14TFP-EPAD) 1208,600 6,300,000 708,00810,0080 won,000 won

B. On December 24, 2013, the Plaintiff received goods ordered by the Defendant as above, and paid KRW 19,98,000 (including value-added tax) to the Defendant.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of whole pleadings]

2. Determination

A. The Plaintiff asserted that the Plaintiff ordered the goods manufactured in the year 2013 in the case of the goods Nos. 1 above, and the Defendant supplied the goods manufactured in the year 2009 to the Plaintiff.

The defendant violated the supply contract by supplying goods different from the original contract.

Therefore, the Defendant is obligated to refund the Plaintiff the amount of KRW 3,880,80 (3,528,000 value-added tax of KRW 352,80) equivalent to the price of the goods set forth in 1 among the price of the goods.

B. The written evidence Nos. 1, 4, 5, and 6 alone is insufficient to acknowledge the Plaintiff’s assertion, and there is no other evidence to acknowledge it.

Rather, comprehensively taking account of the overall purport of the pleadings in the testimony by the witness B of the party concerned, the Defendant asked the Plaintiff whether the goods manufactured in the year 2013 cannot be claimed for the goods manufactured in the case of the goods manufactured in the year 2009, the Defendant delivered the goods manufactured in the year 2009 after hearing the Plaintiff’s statement that the goods manufactured in the year 2009 are supplied. The Defendant’s employee B delivered the goods to the Plaintiff on December 24, 2013, verified the manufacturing year and quantity of each goods supplied to the Plaintiff’s representative director C while supplying the goods to the Plaintiff on December 24, 2013, and then received the seal of “C” in the transaction statement.

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