손해배상
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
1. Basic facts
A. A. Around October 2012, the Plaintiff requested the Defendant to repair the manual shower that the Plaintiff had previously been using and estimate the repair of the manual shower and the production of the new manual shower system. On December 14, 2012, the Defendant sent to the Plaintiff a written estimate on the amount of KRW 2,460,000 (excluding value-added tax) for the repair of the existing product, and the cost of the manufacture of the new product was KRW 6,015,00 (excluding value-added tax) for the production of the new product.
Each written estimate sent by the defendant is that the payment conditions are 50% when the contract is concluded, and 50% when the delivery is made, and the written estimate related to the repair of the existing product is stated as the "able to delete the part of the container when the existing market is used".
B. Based on the above estimate, the Plaintiff and the Defendant concluded a contract for the repair of an existing product including value-added tax (hereinafter “instant repair contract”) with the amount of KRW 2,700,00,000 for the manufacture of a new product and KRW 6,600,000 for the total order amount of KRW 9,30,000 for the manufacture of a new product (hereinafter “the manufacture price of this case”), and entered into a contract for the repair of an existing product and the manufacture of a new product under the conditions of delivery within three months after concluding the contract (hereinafter “instant repair contract”), and on December 28, 2012, the Plaintiff paid the Defendant KRW 1,350,00 for the repair price of this case and KRW 3,300,000 for the production price of this case, and paid the Defendant KRW 4,650,000 for the total amount of KRW 3,00 for the production price of this case.
C. Meanwhile, around March 22, 2013, the Defendant delivered an existing product and a new prototype that the Plaintiff accepted to the Plaintiff. The Plaintiff returned the main body of the machinery, excluding the charging table, to the Defendant on the day, on the ground that the Plaintiff did not have the power of cutting down the prototype in the process of demonstration, and the weight is too large to make use impossible.
After receiving the return of a prototype, the defendant is new to the plaintiff.