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(영문) 대전지방법원 2016.08.23 2014가단15924
원상회복 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The size and quantity of the basic fact-finding goods, the acquisition value of which in the year of acquisition is 1,000kg 20,000g 20,000; and

A. On September 18, 2008, Defendant B issued a public notice on sale of water measuring instruments, chairs, etc., including 20 containers of liquefied salt (hereinafter “the instant liquefied salt container”). Defendant C entered the instant liquefied salt container in the product specification attached to the public notice on sale as follows.

B. On September 30, 2008, the Plaintiff became a successful bidder at the auction for the sale of the above non-processed goods, and entered into a sales contract for KRW 44,100,000 for the non-processed goods including the Defendant B and the instant liquefied salt container (hereinafter “instant sales contract”). On October 7, 2008, the Plaintiff paid KRW 44,100,000 for the purchase price at Defendant B at Defendant B, and received the entirety of the above non-processed goods.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 4, the purport of the whole pleadings

2. The plaintiff's assertion that the plaintiff purchased 1,00 g of size, 1998 for the acquisition year and 578,345,00 of the acquisition price, and 20 g of oxygen, not the liquefied salt containers of this case from defendant B, see the 6th pleading protocol, as follows.

(1) Defendant B was obligated to deliver 20 U.S. dollars to the Plaintiff pursuant to the instant sales contract. However, Defendant B had the duty to deliver 20 U.S. dollars to the Plaintiff, instead of 20 U.S. High CY 20, and the Plaintiff did not deliver 20 U.S. dollars even before the instant lawsuit is filed. The Plaintiff’s delivery of 20 copies of the instant sales contract on the ground of the delayed performance as seen above by Defendant B’s delivery of 20 copies of the instant contract. Accordingly, Defendant B was obligated to restore the Plaintiff to its original state, and pay the Plaintiff the purchase price of 38,000,000,000 and delay damages therefrom.

B. The Plaintiff’s tort, such as the preparation of false official documents by Defendant C, who is a public official of Defendant B, claiming damages.

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