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(영문) 부산지방법원 2016.07.19 2015가단72541
인쇄기계대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff purchased the printing machines from the Defendant in the amount of KRW 25 million. On September 20, 2014, the Plaintiff transferred the said KRW 25 million to the Defendant. However, the Defendant did not supply the printing machines to the Plaintiff up to now.

Therefore, the defendant is obligated to pay the above twenty-five million won and damages for delay to the plaintiff.

B. Therefore, according to the reasoning of the judgment, the Plaintiff transferred KRW 25 million to the account opened in the name of the Defendant on September 20, 2014.

However, as alleged by the Plaintiff, there is no evidence to prove that the above KRW 25 million was the purchase price of the printed machine that the Plaintiff decided to purchase from the Defendant, and thus, the Plaintiff’s above assertion is rejected.

(B) In addition, it is doubtful whether there is an agreement between the Plaintiff and the Defendant regarding the purchase of printed machines in light of the fact that the Plaintiff failed to submit all materials to verify the manufacture, model, product number, etc. of printed machines that the Plaintiff intended to purchase from the Defendant.

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