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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 26, 2011, the Plaintiff purchased 94,000,000,000 won in total (hereinafter referred to as “the instant outboard machine”) 2 units (hereinafter referred to as “the instant outboard machine”) in the outboard machine (YMAHA), which is a power engine attached to the stern of a ship from the Defendant, in the name of the Defendant, for KRW 4,000,000,000 in total, and paid to the Defendant the remainder other than KRW 4,00,000,000.
(C) fact that there is no dispute;
After purchasing the instant outboard machine, the Plaintiff was installed and used in the ship registered in his own name, and the said outboard machine has been broken several times thereafter, and the Defendant, at the Plaintiff’s request, replaced the lower part of the said outboard block with each free of charge around October 13, 201, around August 6, 201, and around December 7, 2012.
(Evidences. 4, 3, 10). (C)
Even after the Plaintiff, the Defendant requested the Defendant to repair without compensation by asserting that the outboard period of this case was broken, but the Defendant refused to repair without compensation and arranged the details of the repair cost claim against the Plaintiff.
(1) No. 5-1) d.
The Plaintiff continued to request the Defendant to repair without compensation. On November 10, 2013, the Defendant received delivery of the instant outboard machine from the Plaintiff and left the repair of the said outboard machine to the Plaintiff Co., Ltd. and the IM around November 12, 2013.
(Nos. 8, 4, 3, 5-1, 8, and 10 of the evidence of Nos. 5-1, 8, and 10, and the purport of the whole pleadings, in the absence of any dispute (based on recognition)
2. Summary of the parties’ assertion
A. As the cause of the instant claim, the Plaintiff: (a) the Defendant repaired the instant outboard machine several times without compensation; and (b) around October 20, 2013, the Plaintiff returned the instant outboard machine from the Plaintiff while recognizing the defect of the said outboard machine and disposing of its return; and (c) thereby, the Plaintiff and the Defendant agreed to return the instant outboard machine with the purchase price or rescinded the sales contract.