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Reasons
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(영문) 서울고등법원 2016.05.04 2015나2051102
손해배상(기)
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1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 131,43,605 as well as March 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company operating a siren business of information and communications equipment, computers and related articles, and the Defendant is a supplier of sirens, who manufactures press machinery, etc.

B. Each siren contract entered into between the Plaintiff and B and its content 1) The Plaintiff on March 22, 2012 (hereinafter “B”).

B) As between the Plaintiff, “Mecana Press PC-250 1 set, Macana BS-10 1 set(hereinafter referred to as “1 rental machinery”)

(C) The term “a rental agreement” (hereinafter referred to as “the first rental agreement”) between March 23, 2012 to March 22, 2015, 36 months, 2,640,000 won, 33,000 won for the contract deposit, and 33,000,000 won.

) Upon the conclusion of the contract, from the Defendant, who is the supplier of sirens, the following: (a) purchased the first sirens (MechPs PC-250 won 60,000,000 won, and Mech BS-110 won) on the same day; (b) on March 22, 2012, the Defendant had the Defendant install it in B, and delivered it to B (after the agreement of the Plaintiff, the Defendant, and the B, the object of the first sirens PC-2501 set “any higher than this in the existing “Mecs Ps BS-3001 set “, but the difference between the price of the machinery as a result of the said alteration and the price of the machinery was 40,000,000 won, the Plaintiff did not bear the burden of the Plaintiff.

(b)A special agreement to issue an order for the issuance of a rental contract number I on March 22, 2012 on March 22, 2012, which entered into force on March 22, 2012, the date of delivery of cash;

1. This order shall be confirmed together by the owner and the ordering person that this order is based on the order of the lessee of the facility.

(b)

7. If the lessee of the leased facility fails to carry out the conclusion of the rental contract or the conditions of the rental contract, the ordering person may cancel this order without any condition.

2. The plaintiff on June 2012.

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