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(영문) 부산지방법원 2016.11.15 2015가단85363
손해배상(기)
Text

1. The Defendant’s KRW 7,650,000 and its weight shall be the Plaintiff:

(a) As regards KRW 6,650,000, July 1, 2015:

(b) 1,00.0

Reasons

1. Basic facts

A. On July 1, 2015, the Defendant deceptioned the Plaintiff, who prepared for convenience store business, to seek a cooling house for not more than three years, and sold the cooling house (hereinafter “instant cooling house”) in total at KRW 6,650,00 (hereinafter “instant sales contract”), but in fact, installed a cooling house for which 7 to 14 years elapsed.

B. On August 15, 2015, the Plaintiff filed a complaint with the Defendant on August 15, 2015 against the charge of fraud, and a summary order of KRW 2,00,000 was issued to the Defendant with Busan District Court Branch Decision 2015 High Court Branch Decision 2015 High Court Decision 200,000.

C. On July 29, 20915, the Plaintiff demanded the Defendant to recover and recover the coolant of this case, but the Defendant did not recover it, from April 7, 2016 to August 9, 2016, the Plaintiff stored the cooling house of this case in the custodian and spent KRW 1,00,000,000 in total, for the storage cost of KRW 560,000,000, and for the transfer cost of KRW 440,000.

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence Nos. 1, 15, 16, 17, 20, 22, 26, 25, and 27 (including additional numbers), the purport of the whole pleadings

2. Determination

A. According to the facts of recognition of the sales proceeds, storage expenses, and transfer expenses of the cold storage plant in this case, the Defendant is obligated to pay the Plaintiff the amount of KRW 7,650,000 (the amount of KRW 6,650,000 for the cold storage plant in this case, and the amount of KRW 1,00,000 for the storage expenses and transfer expenses) as damages for the tort that was deceiving when entering into the sales contract in this case, and damages for delay.

B. (1) The Plaintiff prepared to initiate convenience store business on July 17, 2015, including the Plaintiff’s modification of design, as shown in No. 27-2, in line with the size of the air conditioners of the instant case as indicated below, but the instant air conditioners continued to have failed, and the Plaintiff could not seek any other air conditioners suitable for the modified artificial condition. Accordingly, the convenience store business around September 2015 is operated.

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