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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts following the conclusion of a sales contract do not conflict between the parties.
On July 18, 2017, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with the content that the Plaintiff would purchase 75 million won of the price of the instant boats raised from the Defendant (hereinafter “instant boats”) around July 18, 2017, and agreed to the effect that “after the Plaintiff acquired the instant boats, the Plaintiff shall not be liable to the Defendant for any reason, such as the failure or malfunction of the instant boats, unless otherwise stipulated otherwise.” The Plaintiff concluded a special agreement as follows.
The following special agreement:
1.All vessels shall not be entitled to any AS because the above-mentioned trading was applied at a daily rate of KRW 000,000.
2. The summary of the party's assertion is the cause of the claim in this case, and the purpose of the contract in this case could not be achieved due to significant defects in the boats delivered by the defendant. Thus, the plaintiff cancelled the contract in this case on the ground of incomplete performance of the defendant, and sought restitution of the total of KRW 76,645,700,000 and KRW 76,645,70,000, in total, as the sale price of the boats and KRW 1,645,700, as the restoration of the original state, the defendant agreed not to bear all the responsibility for the warranty and the default liability.
3. We examine whether the Plaintiff did not impose any liability on the Defendant.
Comprehensively taking account of the overall purport of the arguments in Gap evidence 1-1, 2, 2, 5, 6, 8, and 1-1, the plaintiff operated Eul with the non-party D as well as the non-party D, and sold the instant boats to the customers for water-related leisure activities, yacht course, and yacht course, etc., on the Internet, and requested the non-party F to conduct a close inspection, etc. of the instant boats, and the F around July 11, 2017.