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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who runs solar solar energy pumps wholesale and retail business with the trade name of “D” in Busan-gu, Busan-do, and the Defendant is a person who operates industrial machinery manufacturing business with the trade name of “F” in Kimhae-si, Kimhae-si.
B. On November 13, 2018, the Plaintiff entered into a contract with the Defendant to install solar power generation facilities (e.g., attachment and slope) at KRW 18,00,000 (hereinafter “instant installation contract”) in a F factory owned and operated by the Defendant, and accordingly, completed the installation of the said solar power generation facilities (hereinafter “instant installation facilities”) on November 15, 2018.
C. Meanwhile, the term “settlement method” in the instant installation contract is indicated as “the monthly payment (189,000 won, 4.7%) of the G Union (120 months) and the G Union.”
[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, 3, and 17 and the purport of the whole pleadings
2. Determination
A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 18,00,000 for the purchase price of KRW 18,000 according to the instant establishment contract and damages for delay calculated at the rate of 12% per annum as the Plaintiff seeks from June 6, 2019 to the date of full payment, which is the day following the delivery date of the duplicate of the instant complaint, as sought by the Plaintiff.
B. As to this, the Defendant asserted that the instant establishment contract was revoked on the ground of mistake in motive, if he knew that he would directly pay 189,000 won per month to the Plaintiff and knew that he would have to obtain a loan under his own name and pay the amount of the loan.
In addition, according to the evidence No. 4 through No. 17, the defendant is presumed to be the premise that the defendant was to obtain a loan from the G Association, and according to the above statement No. 4 through No. 17, the defendant is between the G Association.