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Reasons
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(영문) 청주지방법원 2019.12.20 2018나10068
사용료
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1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 21, 2016, the Plaintiff entered into a sales contract with the Defendant for one “E and its affiliated work machine” (hereinafter “instant track”) with the following terms (hereinafter “instant sales contract”) with a total sales amount of KRW 82 million:

(A) “A” refers to the Defendant, and “B” refers to the Plaintiff. immediately after the contract of this case, the Plaintiff transferred the instant track to the Defendant.

Article 4 (Prohibition of Substitute Payment)

1. The sales proceeds that A shall pay to B shall be KRW 82 million;

2. The method of paying the sales proceeds of A shall, in principle, be the financing of the FF Association and shall be paid to B at the time of delivery of the product with the exception of the financing proceeds.

3. If a loan of the F Association has not been granted due to the circumstances of A, A shall make equal installment reimbursement for the sales price of products for a period of two years from the date of the first contract.

Article 5 (Reversion of Ownership)

1. Ownership of the product provided to A by B shall be transferred to A on the condition of full payment of the total sales price.

Article 7 (Return of Goods)

1.A is not allowed to return any product unless the purpose of the contract is not to be achieved due to any significant defect of the product;

, however, this provision shall not apply if such

2.A shall comply with a separate contract of return in the case of return authorized by B, the repair cost, usage fee and all other relevant matters.

Article 10 (Cancellation of Contracts)

1. Where it is impossible to achieve the purpose of the contract due to the failure to perform contractual obligations, A and B may cancel the contract in writing, specifying the grounds therefor;

2. Reinstatement following cancellation shall be governed by a return contract.

3. The cancellation of a contract does not affect the claim for damages.

B. The Defendant continuously requested repair to the Plaintiff on the ground that there was a defect in the instant box delivered by the Defendant. On July 26, 2016 and August 30, 2016, the Plaintiff stated that “the Defendant was on April 21, 2016.”

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