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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the above part is revoked.
Reasons
1. Basic facts
A. On January 4, 2011, the Plaintiff and D (hereinafter “Plaintiffs, etc.”) entered into a golf club import agreement (hereinafter “instant import agreement”) with C to request the import of golf clubs and golf products manufactured in China.
B. At the time of entering into the import contract of this case, the Defendant, as a type C, agreed that the Plaintiff et al. paid to C pursuant to the import contract of this case, and the Plaintiff et al. shall assume the liability for guarantee upon occurrence of a problem. The guarantee content
(A) No. 1, Article 5 (1) 1) Where C does not allow the plaintiff et al. to arrive within the payment period, and Article 5 (2) where C does not use the price paid by the plaintiff et al. for the production of the product for any other purpose and fails to deliver it to the plaintiff et al., thereby causing damage to C, which the plaintiff et al. paid to C.
C. On January 8, 2011, the Plaintiff et al. sent to C a written request for purchase of 1,000 Nos. 1,000 of the instant import agreement (hereinafter “instant request for purchase”). On January 10, 2011, the Plaintiff et al. paid C the down payment of USD 50,000 ($ 25,000 for the first order quantity) to C via the Defendant’s account (i.e., down payment of USD 25,000 for the second order quantity).
1) First order: The quantity of 500 bit, February 20, 201 (Korean arrival), February 20, 201, and 2) second order: The quantity of 500 bit, April 10, 201, and April 10, 201 (Korean arrival): 20 % of the total purchase price shall be paid as contract deposit, and the balance of 80% of the total purchase price for each 1 and second order shall be paid at the same time as 1 and 2 shipment, respectively.
D. The Plaintiff et al. paid C USD 67,00 on March 16, 201, and USD 30,000 on March 29, 201, respectively, as the remainder for the primary ordered volume, and C loaded 500 set of golf clubs on March 31, 201.
E. C shall complete the golf club production to be supplied with two-lanes, and around July 5, 201, the amount of the second order ordered to the Plaintiff.