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(영문) 수원지방법원 2018.11.08 2018나54903
매매대금반환
Text

1. The Defendant (Counterclaim Defendant) shall pay KRW 2,00,000 to the Plaintiff (Counterclaim Defendant) upon a claim for change in exchange at the trial.

Reasons

1. In the first instance court’s judgment, the Plaintiff filed a principal claim for the refund of the purchase price, and the Defendant filed a counterclaim for the payment of the purchase price, respectively, and the principal claim and the counterclaim were all dismissed. Accordingly, it is evident that only the Plaintiff filed an appeal on the principal claim, and the cause of the claim was changed in exchange.

Therefore, it is necessary to judge that only the main claim that has been changed in exchange is subject to the judgment of the court.

2. Basic facts

A. The Plaintiff is a person operating a trade name C, and the Defendant is a person operating a trade name D, which sells rashing machinery, etc.

B. On October 13, 2014, the Plaintiff entered into a contract with the Defendant to purchase rashing machinery (hereinafter “instant machinery”) (hereinafter “instant contract”).

In the end of the contract of this case, the term “non-noise-stamper installation (H company partner)” is written as the word “the term “this case’s contract.”

C. On October 29, 2014, the Defendant installed the instant machinery within C stores in Gunpo-si E that was designated by the Plaintiff.

On the day, the defendant was running the machine of this case.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

3. Judgment on the main claim

A. The Defendant asserted that the Plaintiff did not install a gymnasium on the part of the Plaintiff according to the instant contract.

In addition, the Defendant is obliged to operate the instant machine normally according to the instant contract, and the present machine does not work normally.

Therefore, as damages for nonperformance, the Defendant is obligated to compensate the Plaintiff for the total amount of KRW 5,814,00 for the expenses incurred in installing the studio and the total of KRW 13,778,00 for repair expenses of the instant machinery and the total of KRW 7,964,00 for damages incurred.

B. We examine the judgment on the costs of establishing a gymnasium of KRW 5,814,00,000, as seen earlier.

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