- Republic of Korea
- Seoul Central District Court
CONFORMITY OF GOODS - GOODS FIT FOR ORDINARY USE (ART. 35(2)(A) CISG)
[CLOUT abstract no. 1284; abstract prepared by Haemin Lee, National Correspondent]
The plaintiff, a Korean company, and the defendant, a Spanish company, entered into a contract under which the latter would supply the former with clothing. However, after receiving a sample of the material produced by the defendant, the plaintiff declared the contract void, claiming that the materials did not meet the standards agreed upon.
The plaintiff bought the clothing from another company in replacement and filed for damages equivalent to the price difference, pursuant to Articles 35(1), 49 and 75 CISG.
The court dismissed the claim on the basis that there was insufficient proof that the agreement required the material to be of a specific quality (Art. 35(1) CISG). In such a case, according to Article 35(2) (a) CISG, the goods can be considered as not conforming only when they "are not fit for the purposes for which goods of the same description would ordinarily be used," which the claimant also failed to prove.
Original in Korean:
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