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(영문) 대전지방법원 홍성지원 2018.11.07 2016가단12632
손해배상(기)
Text

1. From September 14, 2016 to January 6, 2017, the Defendant: (a) KRW 10.5 million to the Plaintiff; and (b) 5% per annum from September 14, 2016 to January 7, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 18, 2016, the Plaintiff engaged in construction machinery export and sale business under the trade name of “B” entered into a contract to purchase one of the mid-term period (registration number: D: LM1300-1; 2003; hereinafter “instant mid-term period”) from the Defendant company (including the establishment of a company in 2002) engaged in the business of importing, exporting, and selling construction machinery (hereinafter “B”) with the introduction of “C,” and paid all the sales proceeds upon receipt of the instant mid-term period on March 1, 2016.

At the time, E ( husband of the plaintiff) who is the plaintiff's agent in the contract process committed all acts.

B. Article 3 of the contract of the above sales contract provides that “The defendant shall inform the plaintiff and the seller of the performance, condition, etc. of the period of time, and the plaintiff shall conduct a detailed inspection before the contract, and shall not be liable to the defendant for reasons such as failure or defect after delivery.”

C. Before the above sales contract, the Plaintiff used the main part of the body with power such as the window and the purverr. D.

The structure of a mid-term flag shall be as follows:

【Fact-finding without a dispute over the grounds for recognition, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff was able to believe and deliver the Defendant’s horse that there was no error with regard to the part that cannot be confirmed as the previous land prior to the delivery of the instant weighter. After being delivered, two of the 8 wait was destroyed by two of the wait, i.e., electricity equipment, fish and bending with severe corrosion of the wind, and fish and bending. The Plaintiff became aware of the following facts (after being replaced by the Defendant at the Plaintiff’s request, but that the gashe was used in the last 90 tons of the instant weighter).

Therefore, the defendant is liable to the plaintiff for default, and the expenses or expenses incurred by the plaintiff while repairing the above defects.

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