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(영문) 서울서부지방법원 2016.06.23 2015가합30800
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is engaged in printing business with the trade name of "C", and the defendant is engaged in printing machinery business with the trade name of "D."

B. On May 2, 2014, the Plaintiff entered into a sales contract with the Defendant on the following terms: (a) the purchase price for one printing machine [asharton AP-1030, 21m/c (3. 1992.3. hereinafter referred to as “the printing machine of this case”) shall be KRW 130 million (excluding value-added tax); (b) the Plaintiff entered into an agreement with the Defendant on the following terms: (c) the purchase price for the one printing machine (asharton AP-1030, 21m/C (hereinafter referred to as “the printing machine of this case”); and (d) the Plaintiff shall pay the down payment amount of KRW 5

(hereinafter referred to as "the sales contract of this case").

According to the instant sales contract, the Plaintiff: (a) around May 8, 2014, as the down payment to the Defendant side; (b) KRW 5 million; and (c) the same year.

6.3.The intermediate payments of KRW 25 million for the same year;

6. A total of KRW 113 billion, including KRW 83 million, which is a part of the balance around 20.20.

[Ground of recognition] Evidence No. 2, Evidence No. 3-1, and 2-2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment as to the plaintiff

A. The Plaintiff’s assertion that the printing machine of this case was operated normally, and installed in the Plaintiff’s workplace upon delivery of the printing machine from the Defendant. The printing machine of this case was not operated entirely due to its own defect, and it was a solid machine that can not be repaired or repaired.

Accordingly, around July 16, 2014, the Plaintiff rescinded the instant sales contract with the Defendant’s agent E. If the rescission of the agreement is not recognized, the instant sales contract was lawfully rescinded, since the Plaintiff’s declaration of intent to rescind the instant sales contract on the grounds of the Defendant’s nonperformance was to cancel the instant sales contract by delivery to the Defendant of the Plaintiff’s preparatory document as of June 1, 2016, which contained the Plaintiff’s declaration of intent to rescind the instant sales contract on the grounds of the Defendant’s nonperformance.

Therefore, the defendant shall return to the plaintiff the above purchase price of KRW 113 million, which was already paid to the plaintiff due to restitution following the cancellation of the contract of this case.

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