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(영문) 부산지방법원 2015.01.22 2013가합19154

매매대금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

(b) the facts of the basis;

A. The Plaintiff is a person engaged in the manufacturing business of machinery parts with the trade name of “D” in Busan Seo-gu, and the Defendant is a person engaged in trade business with “F” in Gangseo-gu, Busan, and the corporation G (hereinafter “G”) is a company established for the trade of industrial machinery and electronic equipment and wholesale and retail business, etc., and the Plaintiff is its representative.

Model B130TTRAL Bobs (WOTON): Major Duals: 130 frequency (NT50), X/Y/Z: 400/200/1800m table table: 1520*4100m

B. On April 23, 2013, between the Plaintiff and the Defendant, a sales contract (Evidence A 1) was concluded between the Plaintiff and the Defendant, stating that the Plaintiff would purchase the second-string machine of the following specifications from the Defendant to KRW 140 million (the contract amounting to KRW 10 million on the day of the contract, the intermediate payment of KRW 32 million on the day of import, the remainder of KRW 98 million on the day of import, at the time of customs clearance).

(hereinafter “instant sales contract”). C.

G around June 20, 2013, after importing the machinery listed in the separate sheet (hereinafter “instant machinery”) in Japan, from that time to August 10, 2013, G installed and run the said machinery at the Plaintiff’s workplace, and the Plaintiff resisted the Defendant and G on the ground that the instant machinery was not operated properly as a result of the trial run.

On October 30, 2013, the Plaintiff sent to the Defendant a content-certified mail stating the declaration of intent to cancel the instant sales contract, on the ground that the instant machinery does not work properly despite repair.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiff's assertion (1) that the plaintiff could not achieve the purpose of the contract due to the defect of the machinery of this case which is the object of the contract, and thus, the contract of this case is cancelled, and the defendant is delivered the machinery of this case from the plaintiff to its original state.