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(영문) 대구지방법원 2018.02.07 2017나9259
매매대금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On May 11, 2016, the Plaintiff entered into a sales contract with the Defendant to purchase the tent air conditioners (hereinafter “instant machinery”) at KRW 1,600,000, and paid the Defendant the down payment of KRW 200,000 on the same day.

B. On May 21, 2016, the Plaintiff and the Defendant clarified that the actual production year of the instant machinery is different from the labels attached outside of the actual production year, and agreed to reduce the sales amount of the instant machinery to KRW 1,100,000.

C. On May 26, 2016, the Plaintiff paid a balance of KRW 900,000 to the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion that the machinery of this case does not operate the outdoor machine and it is difficult to achieve its purpose because the above defects cannot be easily cured, and thus, the contract of this case is cancelled pursuant to Articles 580 and 575 (1) of the Civil Code, and the return of the price of the machinery of this case already paid by the plaintiff and the return of additional installation costs incurred by the plaintiff.

B. Determination 1) Facts without dispute, Gap evidence Nos. 6 and 7, evidence and the purport of the entire pleadings are as follows. In other words, the defendant, who installed the instant machinery on May 17, 2016, visited the repair engineer of the instant machinery on or around May 20, 2016 and accepted the outdoor equipment of the instant machinery. On or around June 30, 2016, the repair engineer accepted the external equipment. Nevertheless, on or around July 11, 2016, the repair engineer again did not work the external equipment of the instant machinery; the defendant, after taking temporary measures to enable the Plaintiff to operate the external equipment, proposed to exchange the external equipment with other products (out-of-out equipment of 2004) on or around July 27, 2016.

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