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(영문) 부산지방법원 2017.09.29 2016나46670
매매대금반환
Text

1.The judgment of the first instance shall be modified as follows:

The defendant is a factory located in Jeonnam-gun C from the plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff in the status of the parties is a person engaged in the manufacturing industry, such as seaweeds, with the trade name of "D," and the defendant is a company engaged in the manufacturing industry, such as the building equipment of automobile water and oil seals, and secondary environmental facilities.

B. Around October 10, 2012, the Plaintiff entered into a purchase contract with the Defendant. The Defendant made a single type of equipment for building a stove, refford, etc., by using an original external line, and completed trial operation by installing it in the Plaintiff’s factory located in the Jeonnam-do, Seoul by November 30, 2012. The Plaintiff paid KRW 54,087,000 (including additional tax; hereinafter referred to as “the instant machinery price”) to the Plaintiff, and paid the down payment (40% of the above price), the intermediate payment (30% of the above price), and the remainder (30% of the above price) to the Plaintiff at the time of completion of operation at the time of installation (hereinafter referred to as “instant contract”).

C. The Defendant paid the instant machinery installation, the completion of trial operation, and the remainder, around January 2013, installed the instant machinery, and carried out trial operation from February 2013 to April 1 of the same year, and the Plaintiff paid all the remainder of the instant machinery payment to the Defendant around April 1, 2013.

On March 3, 2014, the Plaintiff notified the Defendant of the cancellation of the contract (hereinafter referred to as the “instant cancellation notification”), unlike the Defendant’s publicity machinery product description, that “the Defendant had a large amount of electric consumption, the U.S. and the mail have not been properly built, the Plaintiff was returned the instant machinery on the grounds that the matha was melted in the test operation, and the Plaintiff notified the Defendant that the price was returned (hereinafter referred to as “the instant cancellation notification”). The instant cancellation notification reached the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination as to the cause of claim, etc.

(a) The party's assertion 1) is the primary part of the plaintiff 1.

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