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(영문) 인천지방법원부천지원 2017.07.13 2017가단3958
물품대금반환
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 12,684,250 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from March 25, 2017 to July 13, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company whose purpose is to manufacture and sell synthetic resin and plastic resin resin resin, and the Defendant is a company with the purpose of manufacturing and selling bombs and wholesale and retail business.

B. The Defendant entered into a supply contract with the Plaintiff for drums, coaches, mining, etc. (hereinafter “instant supply contract”), which are materials for construction at the time of explosion, and supplied the Plaintiff with drums, coaches, mining, etc. (hereinafter “instant products”). From January 14, 2016 to June 14, 2016, the Defendant supplied the instant products to the Plaintiff.

C. The Plaintiff supplied the instant product supplied by the Defendant to A, who is engaged in Epppoping construction business in Vietnam. The Plaintiff was raised by Epoping phenomena, Epops, and Epophers for the instant product, and the surface luminous and intensity are not suitable for the demand of Vietnam consumers.

Accordingly, on September 6, 2016, the Plaintiff and the Defendant held a meeting at the office of Vietnam branch, and recognized that the Defendant’s present quality of the instant product could not meet the required quality as required by the Vietnam consumer. Within the mid- October, the Plaintiff sent a new substitute for the improvement of the cryp and mining quality, and the Plaintiff returned the entire inventory of the instant product to the Plaintiff and the Defendant will bear the expenses incurred in return (hereinafter “instant agreement”).

E. After the agreement of this case, the Defendant supplied the Plaintiff with new sprinking samples twice, but the Plaintiff conducted an experiment on the said new sprinking samples from October 14, 2016 to October 17, 2016, and found that the luminous luminous ray was not good or the demand of Vietnam consumers, and that the surface was not sprinked and used.

F. Accordingly, the Plaintiff, with the consent of the Defendant around December 2016, 13,819.6 km among the instant products, to the Defendant.

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