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(영문) 인천지방법원 2015.06.17 2014가합51004
손해배상(기)
Text

1. The defendant shall pay 161,920,000 won to the plaintiff and 20% per annum from March 26, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The defendant is a person selling secondhand machinery, etc. with the trade name of "C", and the plaintiff is a person who purchased secondhand mechanical appliances from the defendant.

The non-party D is the husband of the plaintiff, who actually entered into a sales contract with the defendant and the above-mentioned high-ranking machinery.

B. On October 24, 201, the Plaintiff entered into a contract with Nonparty E, F, and G to purchase the heavy-type type machinery (a size: 1,300 tons, manufacturer: H; hereinafter “instant machinery”) owned by the Defendant with the Defendant for purchase of KRW 303,60,000 (hereinafter “instant sales contract”).

C. One of the parts of the instant machines (see the following photographs) is an independent single part, and its size is 2.18m wide ¡¿ 2.25m long ¡¿ 0.76m thick. As a result of the appraiser I’s appraisal, rupture was discovered over six in the direction of a large frame from the center of the above tide.

[Ground of recognition] The fact that there is no dispute, entry of Gap's No. 1, Gap's evidence No. 7 (including Serial number; hereinafter the same shall apply), the video of appraiser I, the result of appraiser I's appraisal, the purport of the whole pleadings.

2. The parties' assertion

A. From the time when the Plaintiff asserted from the Defendant purchased the instant machinery, the Defendant concealed such fact and sold the instant machinery to the Plaintiff. As a result of the performance of the incomplete sales contract, the Defendant is liable to compensate the Plaintiff for the total amount of KRW 161,920,000 (i.e., KRW 55,000,000 for the repair cost of the instant machinery) (i.e., KRW 106,920,000,000 for the repair cost of the instant machinery).

B. When the Defendant alleged that the instant machinery was sold to the Plaintiff, there were no defects asserted by the Plaintiff in the instant machinery, and the instant machinery was delivered to the Plaintiff.

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