손해배상(기)
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Facts of recognition;
A. On January 2016, the Defendant decided to purchase KRW 150 million from the Plaintiff, and paid KRW 30 million as the down payment to the Plaintiff and received delivery of the said scrap machine.
B. On January 31, 2016, the Defendant again decided to purchase part of the main body of scrapers (SG-1500, annual food: December 2019) and two accelerators (MRP1703SC-450C-450CL, SL75B, hereinafter “instant machinery”) from the Plaintiff, and received the instant machinery, and then decided by mutual agreement between the Plaintiff and the Defendant.
C. On May 20, 2016, the Plaintiff demanded the Defendant to return the instant machinery.
However, the Defendant returned the instant machinery to the Plaintiff on November 25, 2016.
[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 3-1, 2, 4, Gap evidence 4, Eul evidence 4, the purport of the whole pleadings
2. Determination on the defense prior to the merits
A. The owner of the instant machine is not the Plaintiff but the Plaintiff, but the Plaintiff’s owner of the instant machine, who runs the business of recycling the rop scrap of its products in Gyeongbuk-gun, or the Plaintiff F, a corporation that runs the business of recycling the rop scrap in Gyeongsung-gun, Gyeong-gun, and thus, the Plaintiff’s lawsuit of this case, which is not the owner of the instant machine, must be dismissed.
B. The Plaintiff and the Defendant’s conclusion of a sales contract for the instant machinery is as seen earlier, and thus, the Plaintiff’s instant lawsuit seeking liability for damages against the Defendant based on the said sales contract cannot be deemed unlawful, and thus, the Defendant’s assertion is rejected on a different premise.
3. Judgment on the merits
A. The Plaintiff sold the instant machine to the Defendant, but the Defendant subsequently decided not to purchase the instant machine, and the Plaintiff demanded the Defendant to return the instant machine around May 20, 2016.
However, the defendant must go around November 25, 2016.