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(영문) 대전고등법원(청주) 2017.09.19 2017나5403
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The parties' assertion

A. On May 19, 2015, the Plaintiff’s summary of the Plaintiff’s assertion purchased two presses from the Defendant (i.e., KRW 20 million x 2) in the amount of KRW 10 million, respectively; and the amount of KRW 10 million in the amount of oil pressure; and the Defendant’s purchase of the said machinery until May 30, 2015 to set up the Plaintiff’s factory at the Plaintiff’s factory. “The sales contract as of May 19, 2015.”

AB concluded the agreement.

The Plaintiff paid a total of KRW 20 million on June 30, 2015, and KRW 10 million on July 4, 2015. On August 19, 2015, the Defendant asserted on August 13, 2015, that the date on which the Defendant delivered the press was August 13, 2015.

It was delivered to the defective presses, but on September 2015, it was recovered and returned.

Therefore, on September 2015, the plaintiff's defects on the basis of the defendant's warranty against defects.

5. Since the cancellation of the sales contract as of October 19, 200, the Plaintiff asserted to the effect that the sales contract will be cancelled by serving the copy of the complaint of this case on the grounds of the Defendant’s warranty liability, and the Plaintiff asserted that the Defendant had cancelled the sales contract of this case on the grounds of warranty liability, again, from the preparatory document as of October 18, 2016 to the preparatory document as of October 18, 2015, the Defendant had already cancelled the sales contract of this case on the grounds of warranty liability, and thereafter, the Defendant recovered the press box and returned the sales price. Accordingly, the Plaintiff’s assertion is understood as

The defendant is obligated to return the purchase price of KRW 20 million to the plaintiff as restitution.

B. The defendant's summary of the defendant's assertion

5. 19. The Plaintiff transferred the presses and was not paid the sales amount in accordance with the sales contract of the 19.19. The Plaintiff demanded that the Plaintiff sell an additional presses without paying the sales amount, and KRW 20 million in the sales amount.

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