logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원포항지원 2015.01.26 2013가합1858
매매대금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 7, 2008, the Plaintiff entered into a sales contract with the Defendant on the purchase price of KRW 250,000,000 (hereinafter “instant sales contract”) of the intermediate engines as indicated in [Attachment List 1, 2008 (hereinafter “instant engines”), and paid KRW 100,000 as down payment to the Defendant, and the Defendant agreed to produce and supply the remote control system for the steering machine, which is a control device, to maintain the speed of the engine’s turnout at a certain value, along with the instant engine, to the Plaintiff.

B. Around that time, the Defendant requested B to manufacture the aforementioned remote control device, delivered the instant engine’s steering gear necessary for the production, and notified the Plaintiff of the fact.

C. The Defendant delivered to the Plaintiff the instant engine on October 8, 2008, and the “Spares” as stated in the [Attachment List No. 3, Oct. 10, 2008, respectively, and received any remainder including value-added tax from the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, each entry of Eul evidence 1, witness C and D's testimony, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the Plaintiff did not deliver the instant engine to the Plaintiff, on the grounds that the Defendant did not deliver to the Plaintiff the instant engine one speed, two speed engines, remote control devices, engine landing certificates, and name plates, the Plaintiff could not install the instant engine on board. Accordingly, on January 14, 2013, the Plaintiff notified the Defendant of the delivery of the said goods to the Defendant by January 25, 2013, and subsequently, issued a certificate of content, including the intent to rescind the instant sales contract, when the Defendant again demanded the delivery of the said goods by February 13, 2013, and did not implement the instant sales contract by February 18, 2013.

Therefore, the instant sales contract was impossible to achieve its purpose due to the Defendant’s nonperformance, and its content certification was issued on February 13, 2013, including the expression of intent for rescission.

arrow