수리비 등
1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order for payment shall be revoked, and above.
1. Basic facts
A. The Plaintiff is a company that manufactures special strings, scraps, etc., and the Defendant is a person who engages in the business of leasing construction machinery, such as Orore, etc., in the trade name of “C”.
B. On November 9, 2016, the Plaintiff manufactured and supplied scrap, etc. equivalent to KRW 6,055,50 to the Defendant.
C. Around December 2016, the Plaintiff entered into an agreement with the Defendant (hereinafter “instant agreement”) with the Defendant to repair the Defendant’s middle and high-speed cranes (hereinafter “instant equipment”) by receiving ordinary repair costs, and around that time, delivered the said equipment to the Defendant on July 18, 2017 after completing repair on or around the end of June 2017.
[Ground of recognition] Facts without dispute, Gap 1 through 32 statements or images, the purport of the whole pleadings and arguments
2. The plaintiff's assertion and judgment
A. The Plaintiff asserted that KRW 43,472,836 had occurred to repair the instant equipment.
Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 39,528,336, which is the sum of KRW 43,472,836 under the instant agreement and KRW 6,05,50,000, which is the sum of KRW 49,528,336, which is the sum of KRW 10,000,000 paid by the Plaintiff among the goods, such as screen, etc. supplied by the Plaintiff to the Defendant, and the delay damages therefrom.
B. 1) Unless there are special circumstances, the Defendant is obligated to pay the price of the goods and the ordinary repair cost of the instant equipment to the Plaintiff, barring special circumstances. 2) We examine the amount of ordinary repair cost to be paid by the Defendant.
Considering the above evidence, appraiser D’s appraisal result and the overall purport of the arguments, it is reasonable to view that the ordinary repair cost incurred by the Plaintiff to repair the instant equipment as KRW 39,284,664 (including value-added tax).
(1) The appraiser's appraisal results shall be respected unless the appraisal methods, etc. are contrary to the rule of experience or where there is a significant fault, such as lack of rationality.