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(영문) 인천지방법원 2018.04.27 2017가단204093
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that he was supplied with facilities necessary for the operation of middle and high industrial royalties and robots from the Defendant, and paid KRW 88.5 million out of the price.

However, the above machinery was not operated normally, and the defendant did not properly repair the above machinery.

On September 21, 2016, the Plaintiff cancelled the industrial street supply contract concluded with the Defendant for the foregoing reasons, and the Defendant ought to return the amount of KRW 88.5 million to the Plaintiff due to the cancellation of the contract.

2. According to the facts without dispute over judgment and the statements in Gap evidence 1-1, the plaintiff and the defendant, on November 24, 2015, entered into a sales contract with the purport that "the defendant shall supply the plaintiff with a contract price of KRW 95 million up to January 25, 2016," and the defendant supplied the above machinery around June 9, 2016, and the plaintiff paid a total of KRW 88,500,000 to the defendant as the contract price.

However, the evidence submitted by the plaintiff alone is insufficient to recognize that there is a defect in the machinery supplied by the defendant as argued by the plaintiff and that it does not work properly.

3. Therefore, the plaintiff's claim is dismissed. It is so decided as per Disposition.

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