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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is running the business of installing automatic entrance door for warehouse under the trade name of “C”, and the Defendant sells a domestic mother store, which is part of the automatic entrance door for warehouse, under the trade name of “D”.
B. B. From July 2015 to August 2015, the Defendant sold 50 domestic maternity 50, which was created by the Dispute Resolution Co., Ltd. F, the Plaintiff’s husband, to the Dispute Resolution Co., Ltd. (hereinafter “instant mother”).
C. Meanwhile, the Plaintiff and F have owned 32,00 shares out of 40,000 shares issued by the KAE at the time of July 2015 or August 201.
Since December 2016, the LAE does not operate the business in fact, and thereafter, the plaintiff is operating the automatic entrance business for warehouse and the part sales business in the trade name of "C".
[Ground of recognition] Facts without dispute, Gap evidence Nos. 8, 9, 10 and Eul evidence Nos. 1, 2 and 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff asserted as the part for the opening and closing of the automatic access, which was manufactured by German company, was used by the Plaintiff, and purchased from the Defendant the 50 motherter of this case through a technical consultation with the Defendant, and paid KRW 3,750,00 as the down payment for the motherter that ordered the additional order, and KRW 1,279,250 as the down payment for the motherter that ordered the additional order.
However, since November 19, 2015, due to the defect of the mother of this case, the shower became out due to the defect of the mother of this case, and as such, the mother of this case cannot be used as a part for the automatic opening and closing of the automatic entrance, so the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the defect of the mother of this case.
The Plaintiff is expected to disburse to the Defendant the sum of KRW 40,506,350 in the purchase price, the down payment, and the costs necessary for the purchase of new masters, and to the customer who received the mother of this case in the future.