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(영문) 대전지방법원논산지원 2015.06.11 2014가단5695

매매대금

Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 2,400,000 with full payment from May 30, 2014.

Reasons

Basic Facts

On July 16, 2013, the Plaintiff agreed to sell ten half of the purchase price to the Defendant at KRW 2,400,000 in total, the agricultural product drying machine under the name of “Mailtech Co., Ltd.” (the model name: PS-500A; hereinafter “instant drying machine”) and ten half of the total purchase price, which was made by the Defendant. At that time, the Plaintiff delivered ten parts of the instant drying machine and the instant construction period to the Defendant.

[Ground of recognition] In light of the above-mentioned facts, Gap evidence Nos. 1 and 2, and all of the arguments as to the cause of claim for judgment as to the main claim for the main claim, the defendant is obligated to pay to the plaintiff the purchase price of 2,400,000 won under the above sales contract and damages for delay, unless there are special circumstances.

The defendant's assertion as to the defendant's assertion is written in the use manual concerning the drying machine of this case, the drying temperature of 55 to 60·C, and the drying time of 1 days.

In addition, at the time of the Defendant’s purchase of the instant drying machine, the Plaintiff asked the Plaintiff to “ how much a conjection should be contained in one string of the instant drying machine.” As such, the Plaintiff respondeded that “it should be dried in a string as it can be contained in the foundation.”

Therefore, the Defendant, by inserting the water dries harvested by the Defendant into the drying machine, set the drying temperature into 57∑ C, within the building temperature limit in the above use manual, and built 24 hours (Provided, That the Defendant asserted that he had built it for 48 hours through the counterclaim of this case), but laid down an additional inspection.

This is due to a defect in the drying machine of this case, or because the Plaintiff did not properly notify the Defendant of the method of use and risk factors (e.g., that the Plaintiff must contain approximately KRW 6km per half) while selling the drying machine of this case. Accordingly, the Defendant harvested approximately KRW 60 km in 2013.