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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. The Plaintiff is a person engaged in the business of manufacturing leathers, such as bags, with the trade name of C, and the Defendant is a person engaged in the business of manufacturing and selling machinery with the trade name of D.
B. On September 1, 2014, the Plaintiff: (a) on September 1, 2014, the Plaintiff: (b) designated one oil pressurer (loading capacity) to the Defendant as KRW 8,000,000; and
(hereinafter “instant contract”). C.
From September 5, 2014 to September 23, 2014, the Plaintiff paid KRW 8,000,000 to the Defendant on three occasions.
Around January 2015, the Plaintiff was delivered from the Defendant, but failed to meet the purpose of the Plaintiff’s use, and requested the Defendant to return the machinery. The Defendant recovered the said machinery.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. The party's assertion and judgment
A. The Plaintiff’s assertion 1) was produced differently from the machinery ordered by the Plaintiff and cannot be used as compresseds. The Plaintiff, around January 2015, had agreed with the Defendant and rescinded the instant contract and returned the pressure to the Defendant. As such, the Defendant is obliged to pay the Plaintiff the purchase price of KRW 8,00,000 and the delay damages therefrom. (2) The Defendant produced the pressure apparatus for small-type work at the Plaintiff’s request, and the Defendant supplied the Plaintiff with the pressure apparatus after the Plaintiff visited the Defendant and finished the test for the pressure apparatus.
However, after the machinery was shipped out, the Plaintiff demanded the Defendant to return the machinery to the Plaintiff that it does not fit for the pressure of small-sized inputs upon receiving a large-scale order from the trader, and the Defendant agreed to return the machinery to the Plaintiff and return part of the sales proceeds to the Plaintiff after having sold it to the other company.
However, since the pressure instruments have not been sold to other companies until now, the defendant is not obligated to return the price to the plaintiff.
(b) a determination on the cause of the claim.