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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion entered into a sales contract with the Defendant that “the Plaintiff purchased photographs from the Defendant (SS-3101 sets of QS-3101 sets of sets of sets of sets of sets of KRW 20 million, but KRW 7 million out of the purchase price shall be substituted by the Defendant’s purchase of photographic paintings of KRW 370,000 owned by the Plaintiff.”
Since then, according to the above sales contract, the Plaintiff paid KRW 13 million to the Defendant as the purchase price, delivered a photographic paintings (370) owned by the Plaintiff, and received delivery of the above photographic paintings (SS-3101 taxt) from the Defendant.
However, the above photographic paintings (SS-3101) taken over by the Plaintiff from the Defendant was in a state where the core parts were not operated properly from the beginning, and the Defendant was aware of this, while entering into a sales contract by deceiving the Plaintiff, and received the sales proceeds from the Plaintiff.
Therefore, the Defendant is liable for compensating the Plaintiff for damages caused by the Defendant’s tort as above. The content of the damages is ① the ordinary damages amounting to KRW 20 million, and KRW 3,172,870, and KRW 23,172,870, and KRW 23,172,870, and any damages for delay incurred by the Plaintiff. ② Special damages include “the Plaintiff’s delivery of the above photographic paintings (SS-3101)” from June 11, 2014 to June 1, 2014 to the delivery date of a duplicate of the complaint of this case.” The content of the sales contract concluded between the Defendant and the Plaintiff is as follows: “The amount calculated by the Defendant’s purchase price of the above photographic paintings (SS-3101,00,000, KRW 371,000,000,000,000,000).”
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