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(영문) 광주지방법원 2018.08.22 2017나62760
매매대금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The issue of this case and the citing the judgment of the court of first instance

A. The key issue of the instant case is ① On April 30, 2016, the sales contract that the Defendant concluded with the Plaintiff to purchase idle equipment (such as used machinery, etc. which had not been used) from the Plaintiff, such as the instant crushing machine and dry drying, washing, purifying, purifying and collecting water, and vinyl cutting equipment (hereinafter “instant sales contract”) for KRW 30 million,000,000,000 (hereinafter “the instant sales contract”) without knowledge that the Defendant does not operate the instant crushing machine, and is remarkably unfair, and thus, is deemed null and void pursuant to Article 104 of the Civil Act; ② Whether the instant sales contract was concluded by deceiving the Defendant as if the Plaintiff was normally operated without operating the instant crushing machine; ③ Whether the Plaintiff is obligated to deliver the Plaintiff’s normal operation to the Defendant; and ③ Whether the Plaintiff is obligated to deliver the crushing machine to the Defendant.

B. As to this, the first instance court’s evidence alone presented by the Defendant that the sales contract of this case is significantly unfair upon entering into the sales contract of this case due to the Defendant’s in-depth experience and initiative.

(2) It was insufficient to recognize that the Plaintiff had concluded the instant sales contract by deceiving the Defendant as if the instant crushing machine was normally operated, and there was no other evidence to acknowledge this otherwise.

In addition, it is not sufficient to recognize that the Plaintiff agreed to deliver the instant crushing machine in a normal working condition under the instant sales contract to the Defendant, and it is concluded after examining and verifying the instant crushing machine, etc. by operating the instant crushing machine in favor of the Defendant, which entered into the instant sales contract after examining the fact that the Defendant concluded the instant sales contract, and the Defendant specified in the contract the phrase that the Defendant would not claim any defects or request return of the subject matter of sale in light of the fact, etc.

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