(영문) 창원지방법원마산지원 2014.01.17 2012가합2804

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(영문) 창원지방법원마산지원 2014.01.17 2012가합2804

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 22, 2009, the Plaintiff and the Defendant entered into a sales contract for used machinery with the purchase price of KRW 1.65 million (hereinafter “instant contract”) with respect to the instant machinery, “180TNCNC-roing machine” (hereinafter “instant machinery”). The content of the contract is that the Defendant imported the instant machinery of this case in solare and processed it by converting it into automation, etc., and then supplied the Plaintiff by December 30, 2009.

B. Under the instant contract, the Plaintiff paid KRW 100 million to the Defendant on October 23, 2009, as the provisional contract deposit, and KRW 300 million on November 9, 2009, as the intermediate payment.

C. Part of the instant machinery was brought into Busan Port around March 25, 2010 after the delivery date ( December 30, 2009) under the instant contract was expired. D.

On March 24, 2011, the Plaintiff and the Defendant drafted a "Agreement on the Return of Contract Termination" with the following contents:

The contract (the contract in this case) entered into by the seller (the defendant) and the purchaser (the plaintiff) shall be reversed.

- Contents of agreement -

1. The sales contract shall be concluded in the presence of the buyer at the time of the sales contract;

2. A contract amount of at least 1.6 billion won shall be determined as 400 million won when the contract deposit is received, and the amount to be refunded shall be determined as 1.6 billion won or less.

3. The decision shall be made by mutual agreement on the price not exceeding 1.5 billion won and the date and time refund which is remarkably low.

4.In the case of the receipt of the down payment, 50% of the refund shall be paid first, and 50% shall be paid first when the intermediate payment is received.

[Ground of recognition] The fact that there is no dispute, Gap 2's evidence, Eul 3's evidence 1, 2, Eul 1-1, 2-2, and Eul 2-3's evidence, and the purport of the whole pleadings

2. Determination as to the claim

A. (1) The main point of the Plaintiff’s assertion is that the Defendant, even though there was no intent or ability to supply the instant machinery to the Plaintiff, concluded the instant contract by deceiving the Plaintiff, and committed a tort by deceiving the Plaintiff the price of the instant machinery amounting to KRW 400 million, which is compensation for damages.

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