물품대금
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 5 and Nos. 2 as to the cause of the claim, the Defendant requested the Plaintiff to produce DNA tent, wavea, tunnel, and sculor (hereinafter “instant sculpture”) on July 2018, and the Plaintiff presented an estimate of KRW 3.1 million on August 4, 2018, and the Defendant accordingly paid KRW 1.5 million out of the above price to the Defendant as down payment on August 8, 2018, and the Plaintiff supplied the instant sculpture to the Defendant on September 11, 2018.
According to the above facts, the defendant is obligated to pay 1.6 million won for the price of the goods payable to the plaintiff and the delay damages therefor, except in extenuating circumstances.
The main point of the defendant's argument as to the defendant's assertion is that there was a defect such as melting since it has not been long been installed after the sculpture was installed, and the expenses incurred in lieu of the defect repair should be deducted from the price of the plaintiff's goods.
Judgment
According to the statement in Eul evidence No. 9, the article of this case is not carried out at all or less than the number of painting ordinarily carried out, and the page is off, and accordingly an additional food is generated, and the cost of repairing the defects can be acknowledged as the facts constituting the 3,777,872.
The amount of KRW 3,777,872 appraised with the cost of repairing defects shall be limited to 50% of the Plaintiff’s liability under the principle of equity, such as the amount of supplied goods of this case, the amount of KRW 3,100,000 agreed by the Defendant, and the amount of KRW 3,10,000 as agreed by the Defendant, and the amount of appraisal at the time of the lapse of one year and five months after the delivery of the instant
Therefore, the Plaintiff is obligated to pay the Defendant the damages amounting to KRW 1,88,936 (i.e., KRW 3,777,872 x 50%) as a substitute for the repair of defects in the sculptures of this case. Accordingly, if the Plaintiff deducts the damages amount from KRW 1.6 million for the remaining goods of this case.