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(영문) 대전지방법원 2014.05.29 2013가합3440
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 18, 2012, the Plaintiff entered into a purchase contract with the Defendant for the purchase of goods up to December 31, 2012 (hereinafter “instant contract”) with regard to ten points, including the 10-points for athletes as indicated in the attached list of goods (hereinafter “instant goods”).

B. On December 31, 2012, the delivery deadline, the Plaintiff supplied only some parts of the instant goods, such as laying to rest, chain, and spons, among the instant goods, to the Defendant, and the body and qui, etc. of the instant goods, which should be imported in Italian, were not supplied.

Accordingly, the defendant refused to receive some parts on the ground that the delivery of some parts alone could not achieve the purpose of the contract.

C. Meanwhile, under the judgment that the parts of the two-wheeled bicycle to be imported in Italian are subject to safety inspection under the Quality Control and Safety Management of Industrial Products Act before customs clearance, the Plaintiff sent to the Defendant an official document stating the Defendant’s declaration of intent to cancel the instant contract on the grounds attributable to the Defendant, and the official document reached the Defendant on January 10, 2013.

On January 10, 2013, the defendant urged the plaintiff to perform the supply of goods and notified the plaintiff to cancel the contract at the time of the non-performance. After that, the plaintiff did not perform the supply of goods at the time of the completion, the defendant sent to the plaintiff a public notice on January 16, 2013, stating that the plaintiff will cancel the contract of this case on the grounds of Article 26(1) of the General Conditions for Purchasing Goods (Manufacture). The defendant sent a public notice to the plaintiff on January 16, 2013, stating that the contract of this case is terminated, and the public notice reached the plaintiff around that time.

(e) as shown in the Attachment of the relevant statutes;

[Reasons for Recognition] 1, 2, 1 through 9, 15 (including paper numbers), and the purport of the whole pleadings

2. The plaintiff's assertion and judgment on this.

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