A Korean consumer has lodged a lawsuit with a Seoul court against Apple Korea demanding the company return the repair cost of her liquid-damaged iPhone 4, court officials said Tuesday.

In the lawsuit filed with the Seoul Central District Court, the woman, only identified by her surname Kang, demanded Apple Korea return 290,000 won ($259), which the company charged her last month for exchanging the water-damaged iPhone 4 with a refurbished product.

Kang, a resident of Seoul, claimed that Apple should offer a free repair or give her a new product instead of a refurbished device because the damage occurred less than one week after her purchase and she was not properly notified of Apple’s policy that stands apart from that of local companies.

“Excluding liquid-damaged products from its warranty service is overly unfair to consumers, can be a decisive factor in their choice of mobile products and are not adopted by other mobile manufacturers,” Kang said. “But Apple did not notify me of this during the signing of the contract.”

“(Apple must) return the 290,000 won it charged for the refurbished phone in an unjust contract in which it did not carry out the duty of explaining terms and conditions (to consumers).”

Steve Park, spokesman for Apple Korea, declined to comment.

Apple’s free warranty does not cover iPhone 4s damaged by contact with liquids, according to its warranty policy on its Web site. It repairs hardware defects at no charge with new or refurbished parts under the limited circumstances.

Apple’s use of refurbished products has also been dissatisfying to some local consumers who disagree with Apple on whether or not refurbished products are considered to be in mint condition.

Despite Apple’s stance that refurbished products are “equivalent to new ones in performance and reliability,” Apple’s iPhone sales and refund policy has infuriated some consumers and lawmakers in Korea.

Last year, a 14-year-old iPhone user demanded Apple Korea return the 290,000 won she paid to get a refurbished smartphone in exchange of her water-damaged iPhone in a lawsuit.

Apple Korea did not budge at first. In February, however, the company settled in the first iPhone damage suit in Korea and returned the money, according to the Seoul court.

The case brought Apple’s sales and refund policy under the scrutiny of local media and lawmakers for the first time since iPhone sales began in the country in 2009. 

(Yonhap News)