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(영문) 부산지방법원 2017.08.30 2015가단221299
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Factual relations, the Plaintiff is operating a bath with the trade name of “C” in Busan B, and the Defendant is a company selling boiler.

On January 20, 2014, the Plaintiff entered into a sales contract with the Defendant for purchase-price 14,850,000 (including value-added tax) and installation-price 1,50,000 (including value-added tax) and paid the said money in full.

On February 5, 2014, the Defendant installed a boiler at a bath operated by the Plaintiff, but exchanged and installed melted dynasium with new products (hereinafter “instant boiler”) around February 19, 2014, and attached a rhetor to the instant boiler around February 27, 2014.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. Although melting the Plaintiff’s assertion-type heat exchange machines, the boiler of this case does not go out after the attachment of melter, the sales contract is revoked pursuant to the seller’s warranty liability provisions, such as Article 580 of the Civil Act, and thus, the boiler of this case seeks to pay KRW 20,621,728, in total, the sum of KRW 143,108,720, 173,720, 173,50, 1720, 1700, 200, and 20,621,728, under the installment financing agreement for the remainder of payment.

① The Defendant explained that the boiler of this case was reduced fuel cost due to the Plaintiff’s high heat efficiency compared to the step pumps boiler previously used by the Plaintiff. Since the contents of the data on the boiler of this case showed that the heat efficiency higher than the electric boiler was 30% higher than the electric boiler and Internet publicity materials also saved fuel cost than other boilers, the Plaintiff believed the Defendant’s explanation and purchased the boiler of this case, but the boiler of this case was lower than the step pumps boiler.

(2) The boiler of this case shall not extend to the performance stated in the original chart, such as greenhouse water production capacity or maximum temperature of temperature.

(b).

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