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(영문) 광주지방법원 2015.07.15 2014나14760
매매대금반환
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. The following facts are acknowledged in light of Gap evidence Nos. 1, 2, and 3, and Eul evidence No. 1, and the purport of the whole pleadings.

A. On August 6, 2013, the Plaintiff and the Defendant’s order (e.g., color, size, etc.) entered into a contract with the Defendant to manufacture the content, etc. and set up it in the Defendant’s house and receive KRW 2,000,000 (hereinafter “instant content establishment contract”) and received KRW 100,000 as the down payment.

B. Around August 15, 2013, the Plaintiff commenced the establishment of a content, etc. manufactured pursuant to the foregoing order. The Defendant demanded that certain items be different from the original order, such as requesting installation of a content outside the content of the living room, not the content of the stay.

C. Accordingly, the Plaintiff was preparing the installation work at the Defendant’s request, such as increasing the width of the outer space of the living room. The Defendant paid only the price of the portion of the tentains (blouses, living room content, small size size, etc.) the installation of which was already completed on August 16, 2013, and did not allow the subsequent work while cancelling the installation contract on the remainder.

Accordingly, the plaintiff's product that had already been manufactured was defective in terms of how the product would be manufactured, and the defendant notified that he would pay only KRW 1,000,000 as the original value, while there was a defect in the content of which installation was completed around October 11, 2013.

E. On October 31, 2013, the Plaintiff filed the instant lawsuit seeking payment of KRW 1,900,000,000, which is equivalent to the remainder of the price. The Defendant completed the establishment of the instant lawsuit by leaving the instant lawsuit to another business entity before the first date for pleading ( June 24, 2014) of the first instance court of the instant case.

2.(a)

According to the facts of paragraph (1), the establishment contract for the remainder of paragraph (1) of this case among the establishment contract for the content of this case is delayed when the defendant expressed in advance his/her intention not to perform his/her obligation, and the defendant establishes the content through another company.

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