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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is a company engaged in the manufacturing business of recyclables, etc., and Defendant B is a business operator who registered his own personal business entity with the trade name of “F” in his name, and C is a person engaged in the manufacturing business, such as breaking machine by lending the name of Defendant B.
B. On June 16, 2011, the Plaintiff entered into a contract with Defendant C, who borrowed Defendant B’s name, to produce one scrap chip (a machine produced and processed with a PP chip after melting a waste horse or waste vinyl; hereinafter “instant scrap chip”) and to supply the Plaintiff with KRW 175,000,000 (hereinafter “instant supply contract”).
The main contents of the instant contract are as follows.
Article 4 “B” (Defendant side, hereinafter the same shall apply) shall be supplied, installed, and run at a place designated by “A” (the plaintiff, hereinafter the same shall apply) by July 15, 201.
(60 days after the contract) will be delivered simultaneously with the completion of the building.
Article 5. A/S Period shall be one year after purchase.
[Provided, That the part damaged due to the input of foreign material, such as mash or fladg in use]. The warranty period shall be one year after the delivery, and the warranty period shall be attached to a guarantee equivalent to 20% of the cost of machinery of a certified guarantee insurance company.
C. On July 20, 201, Defendant C established the instant crushing machine at the Plaintiff’s factory. B between Defendant C and the Seoul Guarantee Insurance Co., Ltd., the policyholder as the representative at the time of the Plaintiff, the insurance amount of KRW 35,00,000, and the insurance period from July 20, 201 to July 19, 201, and issued a defective warranty insurance policy with the content of the warranty as defect deposit under the supply contract, and issued the warranty insurance policy to the Plaintiff.
Meanwhile, until September 8, 2011, the Plaintiff paid 164,994,000 won to Defendant C as the price under the instant supply contract.