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(영문) 수원지방법원 2020.08.11 2019나77248
물품대금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport:

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the “additional Judgment 2.0” below, with the exception of the reasons of the judgment of the court of first instance (Article 420 of the Civil Procedure Act No. 3). Thus, this shall be cited by the main sentence of Article 420 of the Civil Procedure

2. Additional determination

A. The gist of the Defendant’s additional assertion was defective in the freezing machine supplied by the Plaintiff, and thus, the Defendant incurred losses from paying KRW 4,260,000 to the repair cost, etc., and thus, the Plaintiff should be deducted from the facility cost

B. It is not sufficient to acknowledge the fact that the Plaintiff supplied defective freezings only with the descriptions of the judgment feet, Eul evidence Nos. 6 to 10, and there is no other evidence to acknowledge it.

Rather, it is difficult to conclude that there was a defect in the quality or performance of the subject matter of sale supplied by the Plaintiff, in light of the following circumstances, which are acknowledged as the purport of the evidence submitted and the entire pleadings, namely, the Defendant purchased a heavy freezing, etc. from the Plaintiff. At the time of purchase, the Defendant appears to have confirmed the state of freezing and smoke, etc., the Defendant purchased the said freezing at a price lower than the price initially presented by the Plaintiff, reflected in the foregoing circumstances, and the Defendant appears to have accepted the matter arising from the deterioration of freezing, and the above repair was completed for six months after acceptance of the said freezing.

Therefore, this part of the defendant's argument is without merit.

3. In conclusion, the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed.

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