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(영문) 인천지방법원 2020.02.07 2019나57940
물품대금
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is charged with KRW 21,618,630.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a person who runs the business of importing and selling virtual reality (VR) experience machines, etc. with the trade name of “C,” and the Defendant is a person who operates the game facility business place in the mutual name of “E” located in “E” at the time of Jeonju (hereinafter “instant business place”).

B. On January 4, 2017, the Plaintiff sold Class 9 virtual experience machines (hereinafter “mechanic”) to the Defendant for KRW 250,000,000 from the purchase price, and the remainder of KRW 25,00,00,000 from the purchase price to the Defendant for KRW 25,00,00,00 from the remainder of the sale price, and was paid within seven days from the completion of delivery and trial operation.

(hereinafter “instant sales contract”). C.

The Defendant completed the safety inspection, etc. of amusement facilities and machines supplied by the Plaintiff pursuant to the instant sales contract, and commenced the instant business on March 17, 2017.

However, since the opening of the instant business, frequent breakdowns and malfunctions occurred in the instant machine, such as program errors, screen stop dancing and sound cut, and if the Defendant talks with the Plaintiff, the Plaintiff voluntarily visited the instant business site or contacted with the mechanical manufacturing company in China, thereby allowing the said manufacturing company to check the machinery in a remote manner. However, there were cases where the instant business site was not immediately contacted with the company in China, and the number and frequency of the machinery was not reduced accordingly.

E. The Plaintiff, the Defendant, or the Defendant’s son (the actual operator of the instant place of business) received text messages from March 20, 2017 to September 2018, including: (a) the contents of text messages sent from around March 20, 2017 to around September 2018 are as follows.

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