(영문) 서울남부지방법원 2015.10.02 2013가단83613

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(영문) 서울남부지방법원 2015.10.02 2013가단83613

기계양도

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 201, the Defendant asserted that the Plaintiff purchased the machines listed in the separate sheet (hereinafter “instant machines”) from the Plaintiff and demanded remodeling with the machinery located in the Jeju University so that it can be repaired more strongly.

The Plaintiff remodeled the instant machinery with the cost of remodeling KRW 3.26 million at the Defendant’s request, but the Defendant did not deliver the instant machinery.

Accordingly, the Plaintiff stored the instant machinery to B, and 3.50,000 won was incurred in moving the instant machinery to the storage place, and 1.2 million won was incurred in storage expenses until March 2014.

At the same time, the Defendant is obligated to pay 4.81 million won to the Plaintiff (i.e., remodeling cost of KRW 3.26 million) to the Plaintiff (i.e., KRW 3., KRW 1.2.6 million).

2. The statements in Gap evidence No. 44 to Gap evidence No. 46 are merely specific and objective grounds, and do not believe it for the following reasons.

o As a result of the appraiser C’s appraisal, comprehensively taking account of the purport of the entire pleadings with the witness C’s testimony, part of the punched or scraped out because the punched part of the instant machine is not covered on the metal surface. Since KS11, which is materials used in punching, is not easily worn out, such defect is difficult to be deemed to have occurred during the period of storage. The above defect is difficult to be considered to occur during the period of storage. The fact that the section connected from cuntere to bent to Bent is too strong so that it is difficult to change the location of the machinery, and that it is difficult to move from the pressure of 12 km, which is also made with 5 macife type, and it is also found that there is a defect in the instant machine, such as shreshed at approximately 6 km level.

o The plaintiff has not used the machinery of this case for a long time, so there is a problem of function and appraisal.

유사 판례

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-광주고등법원 2019.09.06 2018나20988

-서울고등법원 2017.09.21 2017나2013388