물품대금반환
1. The plaintiff's appeal is 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. Basic facts
A. On June 30, 2017, the Plaintiff purchased 500 Lithium 12,540,000 won (supply price of KRW 11,40,000, value-added tax of KRW 1,140,000) from the Defendant, and paid KRW 6,270,000 out of the above price to the Defendant on July 4, 2017.
B. On July 27, 2017, the Defendant supplied the said dispatch to the Plaintiff, and the Plaintiff paid the remainder of KRW 6,270,000 to the Defendant on August 3, 2017, respectively.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, and purport of the whole pleadings
2. The Defendant, which caused the Plaintiff’s claim, should have compared and checked the voltage and capacity of each kind of ship prior to creating the fact, inasmuch as the Defendant had to make the fact by using a similar voltage and capacity. Therefore, prior to making the fact-finding, it had been engaged in the process of selecting each kind of ship by comparing and checking the voltage and capacity.
However, without such process, the Defendant supplied the Plaintiff with simple assembly work, which simply connects nine kinds of vessels by connecting them, and did not have any device to prevent shocks.
As a result, there was a defect that does not work on the ship that the Defendant supplied to the Plaintiff, so the Defendant is liable to compensate the Plaintiff for the damages caused by the defect.
3. The judgment fee, Gap evidence Nos. 10 to 29 is not sufficient to recognize that there was a defect as alleged in the plaintiff's assertion on the ship invoice supplied by the defendant to the plaintiff, and there is no other evidence to acknowledge it otherwise.
Therefore, we cannot accept the Plaintiff’s assertion on the ground of claim.
4. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. The judgment of the court of first instance is just and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.