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(영문) 수원지방법원 2019.04.18 2018가단512491
물품대금 반환 등
Text

1. The plaintiff (Counterclaim defendant)'s primary principal claim against the defendant (Counterclaim plaintiff) Eul and the defendant C.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 25, 2017, the Plaintiff entered into a contract with Defendant B (hereinafter “Defendant B”) to purchase CM equipment (the name of model: E; hereinafter “instant product”) from Defendant B for the purchase price of 143,00 U.K. at KRW 143,00, but to pay 42,90 U.K. dollars for the shipment of 57,200 U.K.; and 42,90 U.K. for each contract to pay 30 days after completing customer examination (hereinafter “instant contract”).

B. According to the instant sales contract, the Plaintiff paid to Defendant B the amount of 42,90 U.K. 19 October 19, 2017, and the amount of 57,200 U.K. 1 February 1, 2018.

C. Defendant B produced the instant goods in accordance with the instant sales contract, and Defendant C (hereinafter “Defendant C”), a trucking company, took over the instant goods from Defendant B on February 9, 2018 and transported them to the Incheon State supply port on February 12, 2018, and Defendant D Co., Ltd (hereinafter “Defendant D”) transported the instant goods at the Incheon State supply port on February 13, 2018, to the place designated by the Plaintiff.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 5 to 13 (including the number of each branch), the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion that the goods of this case were destroyed during the course of transportation and seriously defective, and thus the Plaintiff could not achieve the purpose of the contract, thus cancelling the instant sales contract.

Therefore, Defendant B is obligated to restore the Plaintiff to its original state, and pay 100,100 U.K. 10,100 won and damages for delay thereof paid by the Plaintiff, and the Plaintiff is obligated to pay the cost of 43,470,263 won and damages for delay paid by the Plaintiff for the storage of the instant goods as compensation for damages.

Preliminary.

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