손해배상(기)
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
The judgment of the court of first instance is subject to Paragraph 1.
1. Facts of recognition;
A. The plaintiff is a company running food franchise business, and the defendant is a company running food machinery manufacturing business, etc.
B. (1) Around September 2017, the Defendant concluded a repair contract with the Plaintiff to repair the Plaintiff’s shock (ST-80, hereinafter “the instant machinery”) so that the Plaintiff’s shock (ST-80, hereinafter “the instant machinery”) would normally operate, and to prepare and deliver a drawing of the instant machinery in preparation for the repair of the instant machinery in the future, and to receive KRW 7,000,000 from the Plaintiff (hereinafter “the instant repair contract”). (2) The Plaintiff paid the Defendant KRW 7,00,000,000 as the price for the instant repair contract, and KRW 7,000,000,000,000 as the price for the instant repair contract. < Amended by Presidential Decree No. 28139, Sep. 29, 2017>
(3) On September 2017, the Defendant repaired the instant machine in accordance with the instant repair contract, and where the instant machine functioned for at least two hours, a sudden stop continued to occur.
Therefore, the Plaintiff demanded repair of these defects arising from the instant machinery, but the Defendant did not comply with it, and the Plaintiff demanded the Defendant to repair again until March 22, 2018.
(4) Meanwhile, the Defendant did not issue to the Plaintiff a drawing of the instant machinery.
(c)
(1) On October 10, 2017, the Defendant: (a) entered into a cooking remodeling contract with the Plaintiff; (b) the Defendant produced and supplied 3 sets of so-called So-called So-called So-called So-called So-called the “instant manufacturing contract”; and (c) concluded a cooking remodeling contract with the Plaintiff to receive KRW 8,610,000 from the Plaintiff (hereinafter “instant manufacturing contract”); and (d) on October 10, 2017, the Plaintiff paid KRW 3,000,000 as the down payment for the instant manufacturing contract to the Defendant.
(2) On October 23, 2017, the Defendant is in accordance with the instant manufacturing contract.