KCC 756/2001
The initial dispute involved the dismissal of a contract for the sale of a car. The key point was whether the case was taken against the correct party. A request had been made for specifications of the car as evidence.
Background
A claimant filed a case against a company before the court. He requested the court to dismiss the sale contract dated on 23/08/1995 in accordance with Article 151 and 152 of the Civil Law. He said that he bought a car from the company and then he sold it to another person. He said that the buyer discovered that the car lacks the air pillows and he returned the car. He said that the he tried to return the car to the company but the court refused to receive the car.
The court dismissed the case.
The claimant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and accepted the company's defence that the case was filed against irrelevant party.