(영문) 서울남부지방법원 2017.05.26 2016가단211273

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(영문) 서울남부지방법원 2017.05.26 2016가단211273

매매대금반환

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1. The Defendant’s KRW 139,920,00 for the Plaintiff and KRW 6% per annum from December 20, 2015 to May 26, 2017.

Reasons

1. Basic facts

A. On December 3, 2014, the Plaintiff entered into a purchase agreement with the Defendant to purchase equipment of KRW 139,920,000 to be supplied until March 3, 2015, for the purpose of minimizing the trace of the train or vibration by diversing the train generated by the Defendant through the train, with a view to absorbing the trace of the train and vibration.

(hereinafter “instant contract”). On May 29, 2015, the Defendant supplied 44 copies of the instant contract to the Plaintiff on May 29, 2015.

B. At the time of the instant contract, the Plaintiff and the Defendant set the following terms as a general condition Article 21 concerning the quality of the contractual goods.

Article 21 (Guarantee) (1) The other party to the contract shall guarantee that the standard and quality of the goods supplied for one year after the delivery, in addition to the inspection, are the same as those of the contents of the contract.

(2) When a contracting officer finds that the size and quality of the goods supplied within one year after delivery are different from the contents of the contract, he may notify the other party to the contract thereof and request the substitution of the relevant goods or the return of the price of the relevant goods

(3) Upon receipt of notification under paragraph (2), the other party to the contract shall promptly supply the relevant goods in accordance with the terms and conditions of the contract.

In such cases, all substitute goods and expenses incurred therein shall be borne by the other party to the contract.

(4) Paragraph (1) shall apply to alternative products under paragraph (3).

(5) If the counter-party to a contract refuses to replace commodities requested by a contracting officer, or fails to supply commodities as substitute within a prescribed period after the contracting officer notifies the contracting officer thereof, the counter-party to the contract shall return the relevant commodities to the Corporation.

C. On the other hand, on May 26, 2015, the Defendant promised to guarantee the quality of 44 handbaths of the instant case to the Plaintiff and to hold the Plaintiff liable for any defect in the relevant goods with a quality assurance note as follows.

We now you you have to us.

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