부당이득금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. On June 26, 2014, the Plaintiff’s assertion: (a) purchased the second coffee machine (hereinafter “instant key machine”) from the Defendant for KRW 2,000,000 (hereinafter “instant key machine”); and (b) installed the sales contract in Incheon B; (c) the said purchase price is too high compared to the market price; (d) as long as the instant key machine was installed, the Plaintiff frequently caused trouble, such as drinking water and noise coming from the key machine; and (e) it is difficult to repair the relevant key machine.
Therefore, the Defendant is obligated to return the purchase price of KRW 2,00,000 to the Plaintiff as unjust enrichment.
2. The plaintiff's assertion is too unsatisfyed, and it is interpreted to the purport that the sales contract of this case is cancelled and its restoration is sought, since the plaintiff's assertion was defective in the self-satisfying machine, it is interpreted to the purport that the sales contract of this case is cancelled, and the circumstances that the sales price is not paid cannot be a legitimate ground for cancellation of the sales contract of this case. There are defects as asserted by the plaintiff in the self-satisfy machine.
In addition, there is not sufficient evidence to acknowledge that such defect constitutes a case where the purpose of the instant sales contract cannot be achieved due to such a defect, and there is no other evidence to prove otherwise.
Therefore, the plaintiff's assertion is without merit.
3. As such, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is unfair with different conclusions. Thus, the defendant's appeal is accepted and the judgment of the court of first instance is revoked and the plaintiff's claim is dismissed as per Disposition.