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(영문) 창원지방법원 2020.01.31 2019나56354
손해배상
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the sales business, such as spice machines and soft-cream machines, and the Defendant is a person who engages in the repair and sales business, such as spice cream machines, with the trade name “C”.

B. From May 2015 to March 2018, the Plaintiff sold the machinery, etc. kept by the Defendant to the marries and restaurants, or sold it after being entrusted with the repair and inspection of the machinery to the Defendant.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole pleading

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion was to obtain the difference between the purchase price and the Plaintiff’s machinery by selling the Defendant’s machinery in a subdivision store, etc., or to conduct the business by purchasing the machinery and selling it to the Defendant for repair and inspection.

However, the Defendant incurred damages to the Plaintiff by arbitrarily disposing of the machinery kept by the Plaintiff, such as the attached sheet, or by getting the Plaintiff lost an opportunity to sell the machinery due to the lack of repair, and by allowing the Plaintiff to block the Plaintiff’s customer or sell defective machinery.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 7,892,00 as damages due to nonperformance and tort, return of unjust enrichment, and delay damages.

B. The reasoning of the judgment is insufficient to acknowledge the Plaintiff’s above assertion solely on the basis of the Plaintiff’s evidence Nos. 1 through 11, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim of this case is without merit.

3. In conclusion, the plaintiff's claim of this case must be dismissed.

The judgment of the first instance is just in conclusion, and thus, the plaintiff's appeal is dismissed.

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