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(영문) 부산지방법원 동부지원 2018.11.15 2018가단3153
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who installs and lends video equipment under the trade name of “C”, and the Defendant is a person engaged in the business of selling and leasing video equipment.

B. On August 12, 2015, the Plaintiff entered into a contract with the Defendant to purchase PED electronic display boards (P6 Outdor DoD) 200,000 won (hereinafter “instant electronic display boards”) at KRW 77,000,000, and was handed over goods on October 5, 2015.

C. On May 2016, the Plaintiff came to know that there was a change in the screen color when using the electronic sign board in the delivery of the instant case, and that there was a change in the color of the screen, and that fact was known to the Defendant.

The plaintiff notified the issue of the electronic display board of this case from the plaintiff, and the defendant asked the Chinese factory that manufactured the electronic display board of this case about the cause of the defect by sending the pictures of the electronic display board of this case to the Chinese factory, and the Chinese factory responded that the defect was caused by the negligence of the user

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is that the defendant manufactured the electronic display board of this case as a black electric tool and manufactured it as a white electric tool, and he also purchased 2 bits, thereby deceiving the plaintiff to rent it to 4 bits at large performance halls. The electronic display board of this case contains a defect in the manufacturing process and the color of the screen is changed when the gold is cut off due to a defect in the production process.

On August 2016, the Plaintiff notified the Defendant of the cancellation of the sales contract, and the Defendant accepted this and rescinded the agreement.

Therefore, the defendant is obligated to return the purchase price of KRW 77 million to the plaintiff.

B. The defendant's assertion that the plaintiff ordered a white electric tool and the manufactured Chinese factory would make a black electric tool at the service shop. However, the technical problem is produced as a white electric tool in its original form.

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