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CISG CASE PRESENTATION

Republic of Korea 5 December 2008 Seoul Central District Court (Clothing case)
[Cite as: http://cisgw3.law.pace.edu/cases/081205k3.html]

Primary source(s) of information for case presentation: Case abstract

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Case identification

DATE OF DECISION: 20081205 (5 December 2008)

JURISDICTION: Republic of Korea

TRIBUNAL: Seoul Central District Court

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: 2007GAHAB19698

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Spain

BUYER'S COUNTRY: Korea

GOODS INVOLVED: Clothing


UNCITRAL case abstract

KOREA: Seoul Central District Court 5 December 2008

Case law on UNCITRAL texts [A/CN.9/SER.C/ABSTRACTS/134],
CLOUT abstract no. 1284

Reproduced with permission of UNCITRAL

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.

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Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 35(1) ; 49 ; 74

Classification of issues using UNCITRAL classification code numbers:

35A [Quality, quantity and description required by contract];

49A [Grounds for avoidance];

74A [Loss suffered as consequence of breach]

Descriptors: Conformity of goods; Error or mistake; Examination of goods; Lack of conformity notice, specificity

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Editorial remarks

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Citations to other abstracts, case texts and commentaries

CITATIONS TO OTHER ABSTRACTS OF DECISION

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (Korean): Unavailable

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated November 8, 2013
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