손해배상(기)
Of the part against the defendant in the judgment of the court of first instance, KRW 11,776,200 against the plaintiff and its related amount on March 1, 2018.
1. Basic facts
A. On January 2, 2018, the Plaintiff leased one set of 29.7 tons of digging machines (D; hereinafter referred to as “instant digging machines”) to the Defendant with the rent of KRW 3,000,000 (excluding value-added tax) and the lease period from January 3, 2018 to February 5, 2018.
(hereinafter “instant lease agreement”). The main contents of the instant lease agreement are as follows.
Article 4 (Defect Guarantee) 1) Defects for major functions within one day of release of equipment shall be liable to Section B. (Provided, That Gap shall bear the costs of parts and maintenance incurred due to users' care.
2) If, after the release, it is deemed that the efficiency of the functional equipment has been reduced rapidly, B is replaced with the maintenance or replacement equipment under the agreement between A and B.
Article 6 (Shipment and Return of Equipment) (1) upon release, A must verify all the performance and condition of equipment, and return it to the factory with the external appearance and performance corresponding to the initial ex-factory condition at the time of return. B. Around February 2018, the Defendant, who was using the instant digging pool, caused a breakdown in which the starting operation of the instant digging pool engine does not take place. (c) During the process of repairing the instant digging pool, the Plaintiff did not dispute over KRW 70,00,000, the engine repair cost of KRW 2,000,000, (i) the engine repair cost of KRW 1,800,000, the engine repair cost of KRW 10,257,000, the engine replacement cost of KRW 6,600,000, the engine replacement cost of KRW 10,270,000, the engine replacement cost of KRW 6,600,000, the premium number of KRW 10,000.
hereinafter the same shall apply.
each entry, the purport of the whole pleading
2. Determination as to the cause of action
A. 1) The fact that there is no dispute over the liability for damages, the evidence as mentioned above, and the testimony and the purport of the entire pleadings by the witness C of this court, Article 6(1) of the instant lease agreement provides that “In the event of withdrawal, the Defendant shall confirm all the performance and state of the equipment, and take over the equipment at the time of return, and its appearance