(영문) 대구지방법원 2017.10.18 2017나300280

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(영문) 대구지방법원 2017.10.18 2017나300280

손해배상(기)

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1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

1. Basic facts

A. On April 24, 2011, the Defendant sold CNC presses or smuggling machines (hereinafter “instant machines”) to C, which operated B, “292,00,000,000 won for the sale” and “H (B) in the large exhibition at the place of delivery (hereinafter “B”)” and “one year from the date of release from the Defendant’s factory”.

B. On April 27, 2011, the Plaintiff operating I determined that the instant machinery was purchased at KRW 320,000,000 (excluding value-added tax) from the said C, and that the defect repair was conducted at the Defendant, a manufacturer without compensation for one year, but that was purchased at the cost of disposal when the defect was caused by the negligence of the worker.

C. On September 201, the Plaintiff was using the instant machine with the takeover around September 201. On January 12, 2012, the Plaintiff discovered that rupture occurred on the part adjacent to the Zump for the instant machine and notified C thereof.

On February 8, 2012, the Plaintiff, C, and the Defendant decided to replace the local forum of the instant machinery at the end of the meeting, and the Defendant completed the replacement of the said local forum on November 30, 2012.

E. Since then, the problem has occurred in the precision of the instant machine, and the problem has not been resolved despite the Defendant’s precision revision over several times, the Plaintiff paid KRW 3,500,000 to G repair business operators of the instant machine, which was introduced by C around October 2013, and entrusted the repair of the instant machine.

F. G replaced the display of the instant machinery (which is a steel plate supporting the lower parts of the instant machinery) with a set of more than one, and newly installed a tar outside the bottom of the instant machinery, the precision problem of the instant machinery was resolved.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 3, 6, 15, Eul 1, Eul 1, G of the first instance court, Eul's testimony, and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Plaintiff purchased the instant machinery from C, but C has the operation and defect repair of the instant machinery.

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