The Plaintiff, as the owner of C dump truck (hereinafter “instant construction machinery”), is running construction machinery leasing business through the instant construction machinery, etc. in the name of “D”.

On April 29, 2017, the Plaintiff requested the Defendant, who is engaged in the sale, repair, etc. of construction machinery, to repair the instant construction machinery due to a traffic accident.

On May 30, 2017, the Defendant notified the Plaintiff of the completion of repair of the instant construction machinery. As a result of the Plaintiff’s confirmation of the instant construction machinery, the Defendant discovered that the part of the forward driving tower of the instant construction machinery (hereinafter referred to as “the tower”) was destroyed and reversed, and again requested the Defendant to repair the part of the tower.

As a result of re-verification of the damaged parts of the tower by removing the inner attachment and parts of the tower, the defendant confirmed that the floor of the tower was damaged and that the entire frame was changed.

On July 1, 2017, the Defendant again notified the Plaintiff of the completion of repair, and the Plaintiff, upon delivery of the instant construction machinery, had the weight more than that of other scams.

[Ground of recognition] The plaintiff's assertion that there is no dispute, Gap's statements in Gap's Nos. 1, 2, 4 through 6, 8 through 10 (including each number; hereinafter the same shall apply) and the ground for claim of the whole pleadings, the defendant's assertion that the construction machinery of this case can be repaired within 30 days, but did not discover damage to the part, and the repair period was required for 60 days or less.

The Plaintiff was unable to operate the instant construction machinery during the repair period, and the Plaintiff received 6.5 million won of the rest fee of 30 days from E Co., Ltd. (hereinafter “E”), thereby seeking compensation for damages equivalent to the remaining 30 days of the rest fee, which is equivalent to the remaining 30 days of the rest fee, against the Defendant.

The defendant is not the defendant.