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(영문) 서울중앙지방법원 2016.01.13 2014가합591242

원상회복금

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a personal business operator who prints weekly magazines, commodities cases, etc. with the trade name of “C”, and the Defendant is a company that engages in export and import business, such as the publishing machine, etc.

B. On September 26, 2014, the Plaintiff is a machine that manufactures a “printing machine” from the Defendant, which produces a “printing machine.” The term “GGH 1160 U.V. CTPP deto system” (hereinafter “instant machine”).

By contrasting to the fact that the instant edition automatically made the printing board (printed board, CTPP) in the CTPP “CTPP” as a summary of the “CTPP”, the existing equipment was produced through correction and film to the pate, and CTPP is a technology that makes the printing board immediately using digital data of computer, omitting the intermediate process of producing films and making the printing board immediately using digital data.

The main body consists of “Automatic Re-Supply System”, “Automatic Re-Supply System”, “CTP main body”, “CTP main body that connects Nowon-luminous materials to a printing phenomenon,” “satisfying”, and “satfyers,” and “satfyers,” with which the phenomenon is completed.

[2] Purchasing KRW 180 million (excluding value-added tax) (hereinafter “instant contract”)

(2) On October 14, 2014, the Defendant established the instant edition in the Plaintiff’s office and paid the purchase price of KRW 198 million (including value-added tax) to the Defendant on October 23, 2014.

C. On October 14, 2014, the Plaintiff’s declaration of intention to run the instant plate and the Plaintiff’s cancellation on November 6, 2014 began to run a trial after being supplied with the instant plate from the Defendant. On November 6, 2014, the Plaintiff supplied and installed the instant plate to us at ear company, but the Plaintiff was at the time of the supply of the instant plate to us, but the instant plate was at the time of the installation. However, the Plaintiff’s declaration of intention to run the instant plate and the Plaintiff’s cancellation on November 6, 2014.