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(영문) 인천지방법원부천지원 2019.09.27 2018가단109457
매매대금반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. On December 18, 2014, the Plaintiff entered into an agency contract with the Defendant including the following:

Article 1 [Purpose of Contract] The purpose of this Agreement is to purchase and sell products produced and supplied by the Defendant to the Plaintiff.

Article 2 [Handling Goods, Specifications, and Price] Paragraph 2: The product specifications shall be based on the product specifications for which prior consultation has been made.

Except in special cases, the product specifications shall be substituted by the test report.

Paragraph 3: The plaintiff may notify the defendant without delay and request him/her to return the products he/she acquired by the plaintiff due to the defendant's fault, if they fail to meet the standards under paragraph 2

Provided, That it cannot be said that the products that passed the Plaintiff's inspection by suffering from the delivery place are greater quality.

Article 5 [Delivery and Return of Goods] Paragraph 2: Products supplied by the defendant to the plaintiff shall not be returned except in any of the following cases:

1. Article 7 [Measures to be Taken when a contract is breached] In the case of defective products in the manufacture, the defendant may take the following measures according to the degree of the breach when the plaintiff violated the provisions of this contract:

1. Warning 2. Restriction and suspension of a transaction within a certain period of time; 3. Termination of an agency transaction contract; 4. Claim for damages

2. The assertion and judgment

A. On December 18, 2014, the Plaintiff entered into a contract with the Defendant to be supplied with C products (hereinafter “instant products”) and received 208 and 20 liter products around September 19, 2016.

On December 17, 2017, the defendant found that the minimum temperature of the above product was delivered at the 8.3 degrees old, and that the plaintiff was immediately informed the defendant of this fact.

The above defects constitute grounds for return under Article 5 (2) 1 of the above contract, and the defendant constitutes the plaintiff from the plaintiff.

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