부당이득금
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The following facts may be found, either in dispute between the parties or in full view of the statements in Gap 1, 2, Eul 3, and 4 (including the serial numbers), and the testimony and the whole purport of the pleadings in the first instance court B. A.
On November 11, 2016, the Plaintiff and the Defendant concluded a contract with the Defendant to purchase name C (hereinafter “instant No. 1”) in the purchase price of KRW 240 million from the Defendant.
(hereinafter “instant sales contract”). B.
The Plaintiff paid KRW 10 million to the Defendant on September 1, 2016, which was before the conclusion of the instant sales contract, and KRW 8 million on November 1, 2016. According to the instant sales contract, it constitutes the down payment and intermediate payment under the instant sales contract.
C. During the process of delivering the instant vessels, the Plaintiff left the port of Modon on November 12, 2016, which was at anchored at the time of the instant vessel, and the engine of the instant No. 1 Art was suspended for about 10 minutes after departure.
The first set of the instant case has two engines, and only one of the main fuel tank and the auxiliary fuel tank may be selected as a valve, and oil may be supplied to the engine.
Water separation system connecting each fuel pool and engine is 300 to 500 hours, which is a consumable that functions as a base to cover water and sludge from oil.
2. The plaintiff's assertion
A. The first set of the instant case had an engine defect.
Even after the conclusion of the instant sales contract, since the engine of the first set of the instant case has been suspended, the instant first set still has an engine defect.
As the Plaintiff rescinded the instant sales contract on the ground of the instant defects in the instant report No. 1 on January 2017, the Defendant is obligated to pay the Plaintiff the purchase price of KRW 18 million and the oil price of KRW 950,000 paid by the Plaintiff in the course of delivery and KRW 18,950,000,000, and damages for delay.
B. Around 2016, the Plaintiff is under the name of the Defendant D’s name.