(영문) 창원지방법원 2019.10.17 2018나5489 | 리걸엔진

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(영문) 창원지방법원 2019.10.17 2018나5489

물품대금등

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1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 9,794,400 as well as the full payment with respect thereto from January 19, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures synthetic resin and engages in wholesale and retail business, and the Defendant is a personal entrepreneur that engages in wholesale and retail business of synthetic resin with trade name C.

B. On September 20, 2017, the Plaintiff remitted the purchase price of KRW 3,177,900 (hereinafter “the instant primary sales contract”) with respect to synthetic resin 10,70 kilograms to the Defendant, and on September 25, 2017, remitted the purchase price of KRW 7,774,800 (hereinafter “the instant secondary sales contract”) with synthetic resin 11,780km to the Defendant, and the Defendant issued a tax invoice according to each of the instant sales contracts after receiving each of the instant sales prices.

C. On September 27, 2017, the Defendant revoked the tax invoice issued by the instant secondary sales contract with synthetic resin 11,780 km pursuant to the instant secondary sales contract, and supplied the Plaintiff again, but did not supply it.

The Plaintiff demanded the return of synthetic resin due to the defectiveness of synthetic resin pursuant to the first sale contract of this case and the collection of the aforementioned synthetic resin. On November 24, 2017, the Defendant returned the purchase price of KRW 3,177,900 to the Plaintiff according to the first sale contract of this case, and revoked the tax invoice issued by the first sale contract of this case.

However, the defendant did not collect the above synthetic resin, and on November 27, 2017, the plaintiff notified the defendant that he would dispose of the above synthetic resin at the defendant's expense if he did not collect the same synthetic resin within seven days from the date of receipt of the content certification. This reached the defendant on November 29, 2017.

The Plaintiff treated the above synthetic resin with waste disposal costs and paid KRW 2,019,600 to D.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 4 through 7, 9 (including Serial number), Eul Nos. 1 and 2, and the purport of the whole pleadings

2. The parties' arguments and judgments.

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