(영문) 서울동부지방법원 2018.04.25 2017가합104345

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(영문) 서울동부지방법원 2018.04.25 2017가합104345

매매대금반환

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 June 16, 2009 and July 13, 2009, the original contractual party of the Defendant (seller) was a corporation, but the Defendant succeeded to the contractual status by absorbing the said company after the contract.

For this convenience, the defendant is expressed, regardless of whether before or after the merger.

The sales contract of this case was concluded with respect to cord blood 2,150 won in total. 2.15 billion won.

Of the terms of the contract, the provisions pertaining to this case are as follows:

Article 4 (Delivery and Safekeeping of Contract Objects)

1. Delivery of an object under contract: In principle, the time of delivery of the object shall be at the same time as the payment of the balance to Gap [Defendant] is completed, but the time of delivery may be adjusted separately under mutual agreement between Gap and Eul;

2. Safekeeping of the object under contract: B before transferring the object under Article 4 (1), A shall keep and manage the object under contract without damaging it;

Article 5 (Storage, Management and Expenses of Objects of Contracts)

1. A shall keep and manage the object of a contract without any damage until it is delivered to B, and he shall assume a civil or criminal liability when any damage to the object occurs due to any defect in the management of the foundation;

(1) Omission of fractional notes

2. Expenses for storage and management: In principle, expenses for storage and management of the subject matter of a contract shall be borne by B, but the Plaintiff and the Defendant agreed to reduce the storage fees of KRW 500,000 on January 6, 2012 on the basis of the date of payment of the remaining amount.

(including surtax) monthly calculation shall be made.

3. If a request is made to keep and manage the subject matter of a contract, A shall perform it in good faith;

B. The Plaintiff paid the purchase price in full to the Defendant by July 23, 2009. On May 201, 2011, the Plaintiff received a real delivery of cord blood 58 fuels among the objects of sale.

'The rest of cord blood 2,092 oil which is not delivered to reality'.

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