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(영문) 창원지방법원진주지원 2020.11.20 2020가단32561

매매대금반환

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On February 1, 2019, the Plaintiff: (a) decided to purchase a C vessel of April 56 tons (hereinafter “instant vessel”) from the Defendant for KRW 33,300,000 (hereinafter “instant contract”); and (b) transferred the said purchase price of KRW 25,00,000 to the Defendant’s account on February 14, 2019.

following year

4. 25. The Plaintiff remitted the purchase price of KRW 8,300,000 to the Defendant’s account.

B. Since May 2019, the Defendant delivered the instant vessel to the Plaintiff, and thereafter, upon the Plaintiff’s request for repair, the Defendant delivered the instant vessel from the Plaintiff on June 21, 2019, KRW 300,000, and the same year.

8.8.2,601,90 won was received and performed repair work, such as exchanging a pen, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. (1) The judgment on the cause of the claim (1) The Defendant’s summary of the Plaintiff’s assertion is as follows: (a) the instant contract should be revoked; and (b) the instant vessel was sold to the Plaintiff by deceiving the Plaintiff as if its engine performance was excellent; and (c) the Defendant shall return to the Plaintiff the total sum of KRW 33,300,000 in purchase price and the vessel repair cost paid to the Plaintiff following the cancellation of the said contract to the original state.

(2) The following circumstances revealed in the witness witness D’s testimony by comprehensively taking account of the overall purport of the pleadings, and D, at the request of the Defendant, delivered the instant vessel to the Plaintiff at this court, testified in this court to the effect that “the instant vessel sailed without any problem for four hours from Masan to South Sea, and stopped by five minutes prior to the arrival of South Sea,” and ② if there was a fatal defect or deterioration as claimed by the Defendant in the engine of the instant vessel, it is in conformity with the empirical rule to deem it impossible to deliver the vessel by navigating the said distance as the Defendant’s engine, and ③ Furthermore, the Plaintiff as the Plaintiff is the instant contract.