(영문) 의정부지방법원 고양지원 2018.12.07 2018가단82553

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(영문) 의정부지방법원 고양지원 2018.12.07 2018가단82553

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties' assertion as to the cause of the instant claim

A. On May 9, 2018, the Plaintiff asserted that the construction machinery listed in the separate sheet (hereinafter “instant construction machinery”) from the Defendant was purchased through the brokerage of the broker who works in C, a medium equipment sales site, from the Internet, as “D”, and paid the Defendant the amount of KRW 49.5 million at the price, and completed the registration of transfer in the name of the Plaintiff.

On May 10, 2018, the Plaintiff used the instant construction machinery to transport it from Incheon to Gangnam, but at an engine abnormal sound, and thereafter, during the operation on May 20, 2018, put the instant construction machinery into a new equipment as a substitute for the instant construction machinery. The instant construction machinery requested repair.

As a result, the instant construction machinery was suffering from flood damage, and the engine also demanded 25,440,470 won to repair it at an abnormal condition. From May 20, 2018 to June 13, 2018, the construction machinery spent 19,300,000 won to rent the instant construction machinery by paying new costs in lieu of the instant construction machinery. The instant construction machinery had been on the spot and has been carrying 3,08,000 won to transport it again for repair.

Therefore, as a seller, the defendant is obligated to pay the total amount of 47,820,470 won and damages for delay as the warranty against the construction machinery of this case.

B. The Defendant asserted that he only sold the instant construction machinery to E, a middle and high-ranking construction machinery dealer, and did not sell it to the Plaintiff, and that he received the corresponding payment (35 million won) from E and delivered the said construction machinery under a thorough examination of the engine condition, etc. at the time of selling to E.

However, without a business registration certificate, E prepares a sales contract with F, a corporation with a business relationship, as a purchaser.

유사 판례

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