Claim for order cancellation of custom-made hanbok, for which refund were denied due to being custom-made 게시글 상세보기 - 등록일, 조회수, 첨부파일, 상세내용, 이전글, 다음글 제공
Claim for order cancellation of custom-made hanbok, for which refund were denied due to being custom-made
Date
2021-10-12
Hit
788
The petitioner in this case purchased a hanbok (KRW 101,000) (hereinafter “the product herein”) from the respondent via electronic commerce on October 9, 2020, and received the product herein on October 22. The petitioner then found that the color of the product herein was different from that shown on the website and requested a refund from the respondent. However, the respondent refused a refund based on the reason that the product herein was custom-made.
A. The petitioner
ㅇ The petitioner contends that the respondent's contention is not acceptable that the item's return is not accepted as it is custom-made product since size 15 was selected for the children's traditional Korean costume.
ㅇ Despite the color of the product herein appearing being different from that on the website, the petitioner is willing to pay for the delivery fees because the perception of colors may be attributed to personal opinion.
B. The respondent
ㅇ The respondent claims that cancellation is not available since it is custom-made product designed in a specific size.
Under Article 17(1)1 of the Act on the Consumer Protection in Electronic Commerce, etc, a customer who has signed a contract for the purchase of goods with a mail-order distributor may cancel the contract within seven (7) days from the date of receiving the goods. As the petitioner received the product herein on October 22, 2020, and raised an objection on the same day, it is estimated that the petitioner legitimately presented her intent to cancel the order within the prescribed time period.
Under Article 21 of the Enforcement Decree of the same Act, the cancellation of a contract may be restricted where it is expected that allowing cancellation, etc. of orders for goods which are individually produced upon the customer’s order, or other goods similar in nature, would cause a serious, unrecoverable loss to the mail-order distributor, and wherein such fact has been separately notified in advance with respect to the pertinent transaction and the consumer's written consent has been obtained. The respondent claims that cancellation of the product herein is not available since it is a custom-made product. However, the product herein comes in a range of sizes from predetermined sizes of “1, 2, ... 15.“ Thus, it is not admitted that the product herein corresponds to goods separately produced upon consumer’s order. Further, it is not confirmed that any pre-written consent thereof has been received. Accordingly, there is no sufficient reason to consider this case to fall under the reason for restriction of cancellation.
Under Article 17(9) of the same Act, in cases of cancellations, etc., of an order under Article 17 (1), a customer shall bear the expenses of returning the goods, etc. The petitioner requested a refund since the product color was initially different from that on the website. However, the petitioner accepted that the difference in color may be based on personal opinion and expressed the intent to pay for the delivery fees. In consideration of such facts, relevant law, purpose of moderation for resolving disputes via mutual concession and understanding between the parties, and other circumstances, it is proper to refund the paid amount for the product. Thus, this court shall render judgment as follows.
1. The petitioner shall return the purchased hanbok on October 9, 2020 (item: [Sehwadan] green) to the respondent, and bear the expense to return the product.
2. The respondent shall return KRW 101,000 to the petitioner within three (3) business days from the date of receiving the Hanbok herein paragraph 1.
3. If the respondent delays payment under paragraph 2, an interest rate of 15% shall accrue against the unpaid amount from the date after the lapse of three (3) business days under paragraph 2 until the date of full payment.
