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(영문) 광주지방법원 2020.10.16 2020나54660
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person operating a printing office with the trade name “D” in Gwangju Dong-gu, Gwangju.

The defendant is a distributor of the second class printing machine.

B. (1) On June 18, 2012, the Plaintiff entered into a sales contract for used machinery and appliances (hereinafter “secondhand machinery of this case”) with one straw static machine used for manufacturing calendar from the Defendant (hereinafter “instant used machinery”).

(2) A sales contract was concluded to purchase KRW 29 million on June 18, 2012 with the effect that KRW 5 million shall be paid by July 31, 2012 (hereinafter “instant sales contract”) and the remainder KRW 14 million shall be paid by July 31, 2012 (hereinafter “instant sales contract”).

(2) On June 15, 2012, the Plaintiff paid KRW 5 million after the down payment, and KRW 10 million after July 10, 2012, respectively, to E’s account, the Defendant’s children.

C. On August 11, 2012, the Defendant: (a) promised the Plaintiff to drive and lock the used machines of this case; (b) prepared and delivered to the Plaintiff a written confirmation that the Plaintiff would receive KRW 2 million from the Plaintiff in return. (c) On the same day, the Plaintiff visited Daejeon Metropolitan City where the used machines of this case were located, to take over the used machines of this case from the Defendant, and then brought them to his factory located in Gwangju Metropolitan City. (d) On the same day, the Plaintiff took over the used machines of this case from the Defendant, and then removed them.

3) On the same day as the Defendant’s demand, the Plaintiff paid the remainder of the purchase price of KRW 14 million to F’s account, which is the owner of the used machines of this case. D. Installation of used machines of this case, trial run and Plaintiff’s money were paid 1) Defendant requested G, who is a machine technician, to assemble, install, and run the used machines of this case.

2) around October 14, 2012, G visited the factory located in Gwangju Metropolitan City operated by the Plaintiff, along with the Defendant. G showed that the instant used machinery was assembled and installed at the said factory, and carried out a trial run after installing it, and that the paper was extracted from the used machinery. 3)

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