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(영문) 인천지방법원 2020.05.13 2019나60540
원상회복청구
Text

1. The plaintiff's appeal is dismissed

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

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. The scope of this Court’s adjudication at the first instance court claimed reimbursement of KRW 24,200,00 for mechanical manufacturing costs, KRW 4,400,00 for monitoring installation costs, and KRW 28,60,00 for legal interest and delay damages.

However, the first instance court recognized that only the monitoring installation part was implicitly rescinded, and accepted only KRW 4,400,000 among the plaintiff's claims, and sentenced that the rest of the claims is dismissed.

Since only the plaintiff filed an appeal against his losing part, the scope of this Court's adjudication is limited to the claim of KRW 24,200,000, excluding the amount of KRW 4,400,000.

2. Facts of recognition;

A. The Plaintiff’s marking in accordance with the outer rupture of “BRUSH” is “BRH”.

However, if the content of the document written by the party is cited below, it shall be written as “brush” as written by the party.

The representative of C, which is the production company, is the defendant, who is the representative of D, which is the business entity that manufactures and sells the food brurging machinery.

B. On August 4, 2017, the Plaintiff’s seal imprint affixed on the “this case’s contract for the supply (production, supplement) of the brush automatic equipment (production, supplement)” (Evidence A, hereinafter referred to as “this case’s contract”; the term “this case’s contract” is referred to as “the machinery equipment”, and the Plaintiff’s seal imprint affixed thereto.

The main contents of the instant contract are as follows.

[Equipment] The “Plaintiff” shall pay KRW 5,500,000, including those for the production contract amount of KRW 5,500,000, as well as KRW 5,000,00,000, as the total amount of the entire machinery production (including “brush automatic equipment” including automatic corrosion processing type automatic corrosion processing type automatic program electricity and electronic program electricity) beginning on September 04, 2017, including KRW 11,00,000,000, as the second required amount as between September 10, 2017 and September 20, 2017, and the “A” when the manufacture of the machinery was completed, out of the remainder of the total machinery amount.

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