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(영문) 부산지방법원 2019.06.25 2018가단320913

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a person who sells and repairs the imported middle- and high-soil with the trade name "D" in Busan Jin-gu C.

B. On August 11, 2017, the Plaintiff purchased Obane (hereinafter “Obane in the year 2013”) from the Defendant in the form of 34,000,000 won (the agreement to pay under a lease agreement) in the form of Obane in 2013, and on November 3, 2017, the Plaintiff purchased Obane (hereinafter “Obane in the year 2014”) in the form of 33,00,000,000 won (the contract amount of KRW 20,000,000, the balance of KRW 13,000,000).

C. The Plaintiff paid the full amount of the purchase price in the year 2013, paid the down payment of KRW 20,000,000 on the day of the contract in the year 2014, and used each part of the above Obane by the Defendant.

On November 30, 2017, the Defendant collected the above Oral Ba on the ground that the Plaintiff did not pay the balance of Oral Ba in 2014, and the Plaintiff paid additional KRW 2,000,000 upon the Defendant’s request in addition to the remainder of KRW 13,00,000 of Oral Ba, and used the above Oral Ba again.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-1, 2-1, the purport of the whole pleadings

2. Determination

A. The main point of the Plaintiff’s assertion (1) was that there was a defect from the time of the sales contract to the fronter of the Obane in 2013, and KRW 1,080,000 was required as repair cost.

(2) A sales contract was concluded with the knowledge that it was an imported product of the 2014-type Oral Ba, but the Defendant did not notify the Plaintiff of such fact, and the Plaintiff did not know that it was an imported product of the 2014-type Oral Bab.

Therefore, since the above contract constitutes an expression of intent by fraud or mistake, the above contract is revoked by the delivery of a copy of the complaint of this case.

(3) If so, the Defendant is liable for damages to the Plaintiff for the repair cost of 1,080,000 Won for 2013 Obama and 2014.