손해배상(기)
1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.
1. Basic facts
A. The Plaintiff is a person who cultivated and sold a pet house in a vinyl since 2007, and the Defendant is a person who produces and sells an agricultural heating system.
B. On September 30, 2015, the Plaintiff entered into a sales contract with C, with the content that the Plaintiff (Buyer) purchases two agricultural heating systems (D, 350,000ccal/h) from the Defendant (seller) (hereinafter “instant heating systems”) for KRW 30 million (hereinafter “instant heating systems”), and remitted KRW 6 million to the Defendant’s account on the same day.
The main contents of the above contract shall be as follows:
The type of agricultural heating machine contract: D (C) special product: The date of release of one year (excluding defects due to a natural disaster): The machinery price of 30,000,000 won before or after October 8, 2015: The remainder of deposit on September 30, 2010 won (6,000 won) and the remainder of deposit on September 30, 2015: the Defendant promised to sell the above contents to the Plaintiff on September 30, 2015, and the Plaintiff purchased them.
Free installation: 10drum oil tank, 2 studs, electricity lines, oil straws, and 2 punishments
C. On October 27, 2015, the Plaintiff received from C documents for loans for the purchase of agricultural machinery, the purport of which is to purchase the instant heating apparatus from the Defendant.
C around November 2015, the Plaintiff’s vinyl Co., Ltd. (hereinafter “Plaintiff’s vinyl Co., Ltd”) located in G and three parcels, G, and the instant heating machine and oil tank were installed.
E. On December 2, 2015 and January 2016, the Plaintiff notified the Defendant that one of the instant heating systems (hereinafter “first heating systems”) was broken, and received C’s repair. On February 2016, the Plaintiff notified the Plaintiff that the power of the instant heating systems was cut off, and received the service of linking C with the electric wires of the instant heating systems at a new location.
F. The Plaintiff is frequently running the instant heating apparatus around May 2016.