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(영문) 인천지방법원 2018.04.26 2016가단17667
손해배상
Text

1. The Defendant’s KRW 4,095,737 as well as the Plaintiff’s annual rate of 5% from October 27, 2017 to April 26, 2018.

Reasons

1. The parties' assertion

A. Plaintiff 1) The Plaintiff was provided with a dump truck from the Defendant for 43 months and purchased dump truck by paying the cost in installments during that period. The Plaintiff became aware that C was not the actual owner on the wind that C claims the ownership of a dump truck and arbitrarily brought about. Since the Defendant sold another person’s dump truck, the Plaintiff entered into a contract with the Defendant, or dump truck was erroneous in the important part of the contract, and thus, C arbitrarily brought the ownership of the instant dump truck, and the implementation was impossible due to the Defendant’s responsible cause, the contract was rescinded by serving a duplicate copy of the application for change of the purport of the claim and the cause of the claim as of October 24, 2017.

3) The Defendant: ① to restore the Plaintiff to its original state following the cancellation or cancellation of a contract, KRW 4,00,00 ( KRW 5,00,000 returned - KRW 1,00,000), ② deducted the installment payments of the Bank from the benefits under the employment of the Plaintiff or the transportation charges under the branch contract, which the Plaintiff had been employed by the Defendant; ② the Defendant was obligated to provide the Plaintiff with a copy of the report on the actual status quo of the Plaintiff’s work as a total of KRW 1,413,870 ( KRW 1,41,470, KRW 1,413,870, KRW 30, April 1, 2015, KRW 208, KRW 30, KRW 200, KRW 400, KRW 895, KRW 694, May 80, 2015, KRW 2015, KRW 406, KRW 207,675,686,75,67).167).6

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