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(영문) 대구지방법원 2018.02.23 2016가단126781
하자보수비용
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 operating an agency that sells new products manufactured by the Japanese Dictician company, or used machinery, etc. with the trade name B.

B. On July 29, 2016, the Plaintiff and the Defendant concluded a sales contract (hereinafter “instant sales contract”) with respect to CNC Wire-Cut M/C Q750 L (hereinafter “instant machinery”) manufactured in 2005, by setting the price as KRW 55 million (Additional tax separate).

C. On September 2016, the Plaintiff received the instant machinery from the Defendant and paid the Defendant the purchase price of KRW 55 million to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, witness C and D's testimony, purport of whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff alleged that the machinery of this case purchased from the defendant was sold to E for installation and trial operation. During the trial operation, the leakage amount occurred in the machinery of this case. During the trial operation, the leakage amount was found, and the equipment of this case was found to be defective, such as the flow-off and the air condition-off pumps, the air condition-off valves abnormal, the air condition-off valves abnormal, the face value-off valves abnormal, and the automatic air condition-off system abnormal, etc., the defect liability amounting to at least 16,650,00 won was incurred due to the defect repair cost, and the damage was sustained at least five million won due to the delay in operation due to the defect repair. The defendant is liable to pay the plaintiff the defect liability amounting to KRW 16,650,000,000 for the defect repair cost under the sales contract of this case, as well as KRW 5 million for delay in operation, and damages for delay.

B. According to the statements in Gap evidence Nos. 2, 4, and 7, witness F, D's testimony, and each fact-finding inquiry inquiry inquiry letter about Soloper Korea Co., Ltd., the plaintiff purchased the machinery of this case, and then sold and installed in E and run the machinery of this case in the course of installation and trial operation.

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