계약금등 반환
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is 50.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On March 25, 2015, the Plaintiff and the Defendant (C operators) entered into a contract with the Plaintiff on a total of KRW 73,000,000,00 for the supply to the Plaintiff of the KRW 73,00,00,00 for the purpose of paying the Plaintiff the Plaintiff a total of KRW 73,00,00,00,000.
(hereinafter “instant contract”). B.
The details of the remainder of the instant contract are as follows.
C. On March 25, 2015, the Plaintiff paid KRW 50,000,000 to the Defendant out of the price of the instant goods.
On April 30, 2015, the Defendant installed the Plaintiff’s factory, which is a place designated by the Plaintiff, with the equipment including theme of this case, and run a trial.
E. On October 19, 2015, the Plaintiff sent to the Defendant a content-certified mail stating the purport of cancelling the instant contract, on or around October 19, 2015, on the grounds that it is impossible for the Plaintiff to produce any product desired due to any defect in the instant horse.
Goods, including the instant marina machine, are currently being kept by the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 5, and 6, the purport of the whole pleadings
2. The tobacco sales contract of this case, which is the most important thing under the contract of this case, is the legal nature of the contract of this case, and is already manufactured at the time of the contract of this case, and it should be deemed that the Plaintiff was to purchase the goods while the Defendant, who was engaged in the business
Therefore, the instant contract constitutes a sales contract for a specific object.
3. Determination as to the claim on the principal lawsuit
A. 1) The plaintiff is entitled to the cancellation of the contract of this case and restitution based on the defect since there is "defect" on the end of the year of this case delivered by the defendant. However, the evidence submitted by the plaintiff alone exists in the end of the year of this case.
(b).