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1. The plaintiff (Counterclaim defendant)'s appeal against the principal lawsuit is dismissed.
2. The part concerning the counterclaim among the judgment of the court of first instance.
Reasons
1. The reasons for the court’s explanation concerning this case are as follows: “Judgment on the Claim for Second Instance” of the judgment of the court of first instance (from March to 9, 17) is used as follows: “Judgment on the Claim for Second Instance” of the judgment of the court of first instance ( from March to 17) and “decision on the Claim for Third Claim” and “Restriction on the Damage of Section 3” and “D. Decision on the Claim for Second Instance” (from February to 16, 14) are the reasons for the judgment of the court of first instance except for a change from February to 16, 16, 200 to the following Paragraph 3, and therefore, they are cited as is in accordance with the main sentence of
2. Parts to be dried;
A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the remainder of KRW 15 million due under the contract of this case (=15 million - five million).
B. The Defendant’s rescission defense 1) purchased the air conditioners of this case to build the Jeju Jeju Jeju Jeju Jeju High Zone. Since the air conditioners of this case supplied by the Plaintiff were not equipped with the construction performance necessary for the manufacture of Jeju High Zone, the Defendant was unable to achieve the purpose of the contract of this case, and thus, the Defendant is not obliged to pay the remainder of KRW 10 million to the Plaintiff. According to Articles 580(1) and 575(1) of the Civil Act, the buyer may rescind the contract if the purpose of the contract can not be achieved due to defects in the object of sale.
Even if the machinery supplied to the buyer by the seller has the normal quality or performance, it does not have the quality or performance required by the working environment or situation.
If there is a defect, the seller is required to require the seller to provide the product with the quality or performance necessary for the environment or circumstances while explaining the working environment or condition of the product to be used by the seller.