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(영문) 대구지방법원 2015.06.11 2014나306447
소파대금 환불 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On July 6, 2013, the Plaintiff purchased 3 in 2.6 million won for scoodion (including 2 scoodion, 2 private investors, and 1 coodion; hereinafter “the instant sofion”) at the household agency of the Defendant, Inc. D (hereinafter “D”) located in Daegu North-gu, Daegu-gu (hereinafter “D”), and the Defendant delivered the instant sofion to the Plaintiff on July 10, 2013.

(hereinafter “instant sales contract”) B.

In the instant sales contract, the clause stating that “the cancellation after the goods contract is impossible (after the order), the down payment shall be 20% of the total amount, and the down payment shall not be refunded at the time of cancellation.” In the case of the order manufacture (the specification, color, external change) and the return shall not be cancelled and returned,” and there is no other provision that acknowledges the customer’s right to cancel the purchase contract.

C. On July 11, 2013, the Plaintiff visited the above agency and demanded the exchange to the effect that the waves and shapes displayed in the store of this case are different from those displayed in the store. The Defendant respondeded to the Plaintiff’s request, but the Plaintiff again demanded refund on the ground that the direction of the Kaco, exhibited in the store, does not coincide with the structure of the living room due to the fact that the direction of the Kaco, in which the Kaco, was opposed to the

On July 15, 2015, the Plaintiff sent to D a content-certified mail stating that “The instant small wave requires refund due to defects in the Kamile pattern, the height of the surface of the second-hand chairer floor, etc.,” and D responded to the purport that “the instant small wave was made in E design other than D, and the E design side and problem must be resolved.”

E. Accordingly, the Plaintiff again requested exchange or refund of the e-design of this case, but the e-design rejected the Plaintiff’s request.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, Gap evidence 9-1, 2, Gap evidence 10-1, 2, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff.

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