beta
Text
1. The Defendants jointly and severally committed against the Plaintiff KRW 47,200,000 and Defendant A Co., Ltd. from September 26, 2017.
Reasons
1. On November 30, 201, the Plaintiff entered into a sales contract with Defendant A Co., Ltd. (hereinafter “Defendant A”) on the part of November 30, 201, for sale of five and auxiliary equipment, etc. (hereinafter “instant trade contract”) at KRW 57,200,00 (including value-added tax) (hereinafter “instant sales contract”); Defendant B jointly and severally guaranteed the obligation to pay the purchase price of Defendant A pursuant to the instant sales contract to the Plaintiff; and the fact that the Plaintiff transferred the object of sale at that time does not conflict between the parties.
According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 47,200,000 won, which is the remainder of the amount calculated by subtracting the plaintiff's 10,000 won from the purchase price of KRW 57,200,000 pursuant to the sales contract of this case, and damages for delay after the date of delivery of the subject matter of sale.
2. Judgment on the defendants' assertion
A. At the time of the conclusion of the instant sales contract, the Plaintiff said that the instant car group, etc., which is the subject matter of sale, can be used in a pleasant manner in the summer and winter. However, the instant car group, etc., in fact, could not prevent the winter and wintering with the summer.
In addition, the carra, etc. in this case has defects such as scarra, rain, etc. when rained.
Since the defendants are unable to smoothly use the Kara, etc. of this case due to these fatal defects, there is no obligation to respond to the plaintiff's claim for payment.
B. First of all, the determination is based on the health stand as to whether the shortage of heat and thermal performance, as alleged by the Defendants, is the defect of the product, and in order to see this as a defect, it should be based on the premise that the instant carra team, etc. has the heat and thermal performance to the extent that the indoor temperature is maintained at a certain level in a harsh and harsh manner, and there is no evidence to acknowledge it.