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(영문) 서울중앙지방법원 2019.10.23 2019나22516
손해배상(기)
Text

1. All of the plaintiff's claims that the court changed in exchange are dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. On September 9, 2018, the Plaintiff purchased 5,00,000,000 won for G air conditioners and clothing drying items produced by the Defendant (hereinafter “instant air conditioners”) as employees of the first instance trial joint Defendant E (E) at the stores in which the Defendant’s products were displayed on the nine-story south point of Gangnam department D department stores, which were operated by Codefendant C (hereinafter “C”) on September 9, 201, at the stores in which the Defendant’s products were displayed on the nine-story point of Gangnam department, after consulting with F (E), which are the branch offices in D Gangnamnam branch offices, and after the consultation with F (hereinafter “E”), the Plaintiff purchased the instant air conditioners and clothing drying items (=3,210,000 won for the instant air conditioners).

(hereinafter “instant sales contract”). B.

The Plaintiff received the instant coolant around 12:00 on September 12, 2018. The Plaintiff revoked the instant sales contract and was refunded the full amount of the sales price for the reason that the instant coolant’s compliance did not operate.

C. Meanwhile, the Plaintiff discarded the air conditioners (H company products) already used while installing the air conditioners in the instant case upon delivery via the air conditioners’ delivery service.

[Reasons for Recognition] The facts without dispute, Gap evidence 1, 2, 5, 7, Eul evidence 1 (including the Serial number; hereinafter the same shall apply) or video, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. At the 1st argument and judgment, there was a defect in which the pressur was not operated. However, the period from the date of purchase of the cooling house to the date of installation was limited to 3 days from the date of installation of the cooling house, and in light of the fact that the pressur was firmly fixed in the iron plate at the bottom of the air condition after the cooling house, the pressur was in a state where the pressur was not operated at the time of the instant sales contract and the function of the cooling house called the food coolant was entirely not realized due to the failure to emit the air condition, and thus, the instant sales contract on the food cooling which is a specific object was in a state of original impossibility at the time of the contract, and the Defendant was the Defendant.

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