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(영문) 대구지방법원 2016.06.14 2015가단113436

매매대금반환

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company that uses two parts of the two parts of the two parts of the two parts and supplies the parts of the parts to the diapers manufacturer. 2) The Defendant is a person who manufactures and sells the chophs convergence equipment, etc. with the trade name of “C”.

B. On September 11, 2014, the Plaintiff is deemed to be a ultra-wave sealing machine (hereinafter “instant machine”) that is used by the Defendant for a non-speaking operation from the Defendant on September 11, 2014

2) Around November 2014, the Defendant concluded a contract to purchase the instant machinery at the Plaintiff’s factory (including value-added tax).

3) The Plaintiff paid the Defendant a total of KRW 7,150,000,000 to KRW 2,1455,000 on September 11, 2014, KRW 17,950,000 on October 17, 2014, KRW 3,0550,000 on November 13, 2014, and KRW 7,150,000 on the purchase price of the instant machinery. The Plaintiff without any dispute over the grounds for recognition, and the purport of the entire pleadings, as well as the purport of the entire pleadings.

2. The parties' assertion on the defects of the instant machine

A. The Plaintiff’s assertion of this case’s machines are defective in failing to properly perform the corrosioning work.

Since there are such defects in the instant machinery, the sales contract for the instant machinery is rescinded.

The defendant is obligated to return the purchase price of KRW 71.5 million to the plaintiff according to the cancellation of the contract.

B. There is no defect in the machinery of this case asserted by the defendant.

However, the reason why the Plaintiff could not properly perform the corrosioning operations using the instant machinery is that (i) the Plaintiff used parts of each other in the process of melting two submers; and (ii) the shape of the partoner that the Plaintiff manufactured in consultation with D (EE) too much so that the color of the partoner was reduced.

3. Determination as to the existence of defects in the instant machinery

A. The instant machine’s operation process 1 is a machine for the first time of plastics, which is a machine for plastic strawing.