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(영문) 광주지방법원해남지원 2013.12.05 2012가합222
부당이득금
Text

1. Defendant (Counterclaim Plaintiff) and Plaintiff (Counterclaim Defendant) A are KRW 106,000,000, and Plaintiff (Counterclaim Defendant) B are KRW 70,000,000, respectively.

Reasons

1. Facts of recognition;

A. The plaintiffs are those who operate a neglected factory or self-help factory, and the defendant is the company that manufactures and sells the t pumps listed in the attached list which are used as a drying machine in a neglected factory or self-help factory (hereinafter referred to as the "t pumps of this case").

B. During the process of using a drying machine using light oil or electricity, the Plaintiffs sought explanation from the Defendant that fuel cost reduction effect is more effective than 1/3 of the existing drying machine, and that the high temperature drying function is less effective in the increase in production and improvement in the quality of Kim. The Plaintiffs purchased and used the instant swimming pumps from the Defendant, but did not have such effect.

Plaintiff

A around July 201, 201, the unpaid purchase price paid for the number of the set pumps from the purchase date, KRW 176 million, KRW 70 million, KRW 70 million around July 17, 201, KRW 600,000, KRW 6000,000 around July 201, KRW 30,000 KRW 470,000,000 KRW 30,000 around August 30, 201, KRW 50,000 KRW 50,000 KRW 50,000 KRW 50,000 around August 17, 201 (the first 4, additional 1,000 KRW 1,00 KRW 50,00,00 KRW 5,000,00 including the first 5,50,000 KRW 5,00 (1,500,00 each of the arguments).

2. Determination on the main claim

A. The plaintiffs' assertion 1) There is any defect in the construction function of high temperature or the effect of reducing fuel cost, which is the core function, and the plaintiffs were unable to achieve the above purpose of purchasing the hump. Thus, the plaintiffs are seeking to cancel the sales contract for the hump through the service of the duplicate of the complaint of this case, and return the purchase price paid to the defendant and return the hump delivered by the plaintiffs to the defendant again. 2) The plaintiffs are completed from the defendant, even though the hump did not have the effect of building function of high temperature or reducing fuel cost due to the above defects.

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