The defendant's KRW 26,253,280 to the plaintiff is 5% per annum from January 16, 2020 to June 24, 2020.

Basic Facts

[Ground for Recognition: Unsatisfy, Gap evidence 2 (including each number; hereinafter the same shall apply)

(2) On November 14, 2017, the Plaintiff paid KRW 20,000,000 of the down payment (hereinafter “instant contract”) to the Defendant and the mid-term (type GR-250N-2, producer D, annual 2009, and chassis E) (hereinafter “instant mid-term”) under a contract to purchase KRW 215,00,000 for the Defendant and the mid-term (type GR-250N-2, producer D, annual 2009, and chassis number E) (hereinafter “instant mid-term”). On November 21, 2017, the Plaintiff paid KRW 195,00,000 for the remainder.

On November 28, 2017, the Plaintiff received delivery of the instant weighter from the Defendant, and registered construction machinery on December 8, 2017.

However, on March 10, 2018, the Plaintiff refers to the main structure of the boom boom flag during the season of this case, which is a horizontal structure that serves as a part of the boom boom flag of this case.

The number of boom booms of the flag of this case is four.

When noise occurs from the point of view, C's external accommodation of the defendant is engaged in the mid-term maintenance business.

A request for inspection was made, and the noise was caused by the booming part while repairing boom booms.

Accordingly, around that time, the Plaintiff left the Defendant with the repair of the term of this case, and returned it on April 2018, but still, the term of this case has not been used until now.

The plaintiff asserted that the plaintiff purchased the flag of this case from the defendant, but was unable to use the flag of this case due to the defects of booms, and thus cancelled the contract of this case pursuant to Article 580 of the Civil Act. Thus, the defendant asserts that the defendant is obligated to return the purchase price to the plaintiff with restitution following cancellation and compensate for damages caused by the above defects.

In regard to this, the defendant did not have any anything at the time of delivery at the time of delivery, and the above defect was caused by mistake in management and use of the plaintiff after delivery.

Judgment

The written evidence No. 3 and No. 13 are written as to the cancellation of the instant contract.