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(영문) 대구지방법원 2019.09.04 2018나310420
물품대금
Text

. At the same time, the transferred roller 800*2 roller was returned to the Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff).

Reasons

. The second contract is deemed to have been rescinded on March 26, 2018, where the said preparatory document arrived at the Plaintiff.

Therefore, barring special circumstances, the Plaintiff is obligated to return the down payment of KRW 12,000,000 to the Defendant following the cancellation of the second contract, and as a result, the Plaintiff is obligated to pay KRW 1,025,00,000, which is the expenses paid by the Defendant to repair the instant machinery.

2) The plaintiff's argument as to the plaintiff's assertion is that the contract deposit of KRW 12,00,000 was paid by the defendant as 1 "rawler Aro 800*1 Rawls" at the time of the second contract from the defendant. The plaintiff asserts that the above 12,00,000 won was not returned to the defendant due to the cancellation of the second contract, but the above 12,00,000 won was returned to the defendant, and even if the plaintiff should return the money to the defendant due to restitution, the market price at the time of the second contract should be returned to the defendant.

In accordance with the first contract, the Defendant demanded an exchange of 12,00,000 won as the machinery supplied by the Plaintiff, and accordingly, the Plaintiff and the Defendant concluded the second contract for the manufacture and supply of the machinery of this case including the said machinery. The Defendant decided to pay 12,00,000 won as the down payment for the second contract to the Plaintiff as 1 of “rawer Aro 800*1,000,000 won.” In addition, in the first contract, the Plaintiff agreed to supply the said machinery to the Defendant to 12,00,000 won as the down payment for the said machinery by the Plaintiff, considering that there was a defect in the said machinery supplied by the Plaintiff under the first contract, the Defendant merely decided to pay 12,00,000 won as the down payment or the down payment amount determined by the second contract (the down payment or the down payment amount determined by the same method as the down payment, not the down payment determined by the first contract.)

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