계약금등 반환
1. The judgment of the court of first instance is modified as follows.
The plaintiff (Counterclaim defendant)'s main claim is dismissed.
(b).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On March 25, 2015, the Plaintiff entered into a contract with the Defendant to purchase at KRW 73,000,000 (hereinafter “instant contract”) one for the center lease (CNTSLES), one for the end-of-life machinery (hereinafter the same shall apply), one for the cut-off tank, one for the cut-off tank, one for the consortium, one for the consortium, one for the put-off tank, one for the put-off board, and one for the notice board (hereinafter the “instant contract”).
B. On March 25, 2015, the Plaintiff paid KRW 50,000,000, out of the price under the instant contract, to the Defendant as the down payment.
C. On April 30, 2015, the Defendant, a place designated by the Plaintiff, installed the instant tobacco plant at the Plaintiff’s factory, and run a trial trial.
On October 19, 2015, the Plaintiff sent to the Defendant a content-certified mail stating the intent to cancel the instant contract on the grounds that the Plaintiff could not produce an article that wants due to a defect in the instant horse.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings
2. Determination on the main claim
A. As to the main claim, the Plaintiff cancelled the contract of this case on the grounds that it was impossible to produce products that meet the quality standards, and that the purpose of the contract of this case cannot be achieved, the Defendant asserts that the Defendant is obligated to return the down payment of KRW 50,000,000 and the delay damages to the Plaintiff by its restitution.
However, in light of the witness witness witness witness D’s testimony, it is somewhat insufficient to acknowledge that there is a defect that could not achieve the purpose of the contract during the instant period only with the entries in Gap evidence 4, 5, Gap evidence 7-1, 2, and 3, and the result of the personal examination on the plaintiff representative Eul, and there is no other evidence to acknowledge it otherwise.
Therefore, we cannot accept this part of the plaintiff's assertion.
B. Determination 1 on the grounds of the main claim is determined as to the main claim. The Plaintiff is determined as to the main claim.