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Reasons
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(영문) 수원지방법원안산지원 2016.03.09 2015가단104176
손해배상(기)
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1. The Defendant’s KRW 9,460,521 as well as the Plaintiff’s annual rate of KRW 6% from May 1, 2014 to March 9, 2016.

Reasons

1. Basic facts

A. 1) On October 15, 2013, the Plaintiff was established for the purpose of manufacturing close metal-type and manufacturing automobile parts metal-type, etc., and the factory from around that time (hereinafter “instant factory”).

(2) The Plaintiff started a new construction work. 2) The Plaintiff decided to install presses for the production of gold in the instant factory, and started a consultation with the Defendant who engages in the business of trading and arranging industrial machinery.

3) The Defendant’s machines from A, a broker for industrial machines, Medi-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k-k-k-k-k-k

4) On February 17, 2014, the Plaintiff introduced the instant machinery to the Plaintiff, and again introduced it to the Plaintiff. (4) On February 17, 2014, the Plaintiff entered the instant machinery only with the said machinery equipped.

The Plaintiff sought the basic drawing of the instant machinery (hereinafter referred to as “instant drawing”) to be used for the set installation of the instant machinery to A (hereinafter referred to as “instant set”). The Plaintiff sought from the seller’s other party to seek such drawing from the Plaintiff.

5) On March 4, 2014, the Plaintiff entered into a sales contract with the Defendant for the instant machinery at KRW 600,000,000 (a down payment of KRW 100,000 on March 4, 2014, and an intermediate payment of KRW 400,000,000 on March 24, 2014, and the remainder of KRW 100,000,000 on March 24, 2014, and KRW 100,000 on the date of delivery, and April 4, 2014).

(2) On March 5, 2014, the Plaintiff paid the Defendant the down payment of KRW 100,000,000 to the Defendant. The Defendant issued a tax invoice to the Plaintiff and remitted the down payment to A (the instant machine owner sold the instant machine to another broker, and A again sold it from the broker to the Defendant.

(3) The Plaintiff is dissatisfied with this Opinion.

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