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(영문) 인천지방법원 2016.03.24 2015나10530
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. As to the cause of claim

A. 1) The Plaintiff is a company manufacturing health assistive devices, and the Defendant is a person who operates B in the separate Dong-dong in Namyang-si. 2) The Plaintiff sold one direction-based automatic steam machine (hereinafter “instant Han-dong machine”) to the Defendant for KRW 12.5 million (hereinafter “the instant sales”), and installed the instant Han-dong machine in Defendant B on November 24, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

B. The Defendant is obligated to pay to the Plaintiff the purchase price of this case KRW 12.5 million and damages for delay.

2. As to the defendant's argument

A. On December 31, 2014, the Defendant notified the Plaintiff of the cancellation of the instant sales contract, on the grounds that there were defects in the instant Chinese-style machines, and notified the Plaintiff of the cancellation of the instant sales contract and the removal of the instant Chinese-style machines. (2) In fact, the Plaintiff could not accept the Plaintiff’s claim for the purchase price. (A) At the Defendant’s request that the instant Chinese-style machines do not operate, the Plaintiff visited the Defendant twice and repaired the instant Chinese-style machines. (b) On December 31, 2014, the Defendant notified the Plaintiff that the instant Chinese-style machines were defective, and thus, the Plaintiff

[Reasons for Recognition] According to Articles 581(1), 581(2), 580(1), and 575(1) of the Civil Act, where the subject matter of sale was designated as a kind, and there is any defect in the specific subject matter thereafter, the buyer may cancel the contract when the purpose of the contract cannot be achieved due to the defect in the subject matter. Here, the fact that the object cannot be achieved due to the defect in the subject matter is justifiable to exercise the right to cancel the contract by requiring a long period, even if the defect in question is grave and reasonable, or possible.

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