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(영문) 인천지방법원 2018.10.25 2016가단239863
매매대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 15.5 billion won against the defendant (Counterclaim plaintiff).

Reasons

1. Basic facts

A. On February 1, 2016, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant by setting the sales price of KRW 198 million (including value added tax; hereinafter the same shall apply) with respect to used goods manufactured by the Japanese Company C (hereinafter “the instant machinery”) and used goods manufactured by the said Company, which was manufactured by the said Company. The Defendant paid to the Plaintiff KRW 155 million with the down payment and the intermediate payment under the instant sales contract, and did not pay the remainder of KRW 43 million.

B. The Defendant purchased the instant machinery, which is a secondhand product, from the Plaintiff. On January 201, 2016, the Plaintiff visited Japan to verify the instant machinery in a decomposed state, and entered into the instant sales contract on February 1, 2016 through price reduction, and the Plaintiff imported the instant machinery and installed it at the Defendant’s factory on April 16, 2016 after receiving intermediate payment from the Defendant.

C. When the defect rate of the product manufactured immediately after the installation of the instant machine was too high so that it could not be used, the Defendant requested repair to the Plaintiff several times. The Plaintiff visited the Defendant’s factory to repair each time, but the defect problem continued even thereafter.

On or after August 2016, the Plaintiff did not comply with the Defendant’s request for repair, and currently, the instant machinery is able to operate the machinery operation department, but it is impossible to operate to manufacture products any longer than the rash engine.

E. On the other hand, the rashion machine of the instant machine is the rashion machine of Etain (F presumed), and similar equipment sold by the company (G) manufacturing the rashion machine is already suspended. Thus, for repairing the instant machine, the machine installed with the same or similar rashion machine is purchased and affixed on the machine.

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