물품대금
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
1. Comprehensively taking account of the respective descriptions of evidence Nos. 1 and 2 as well as the overall purport of the pleadings, the Plaintiff requested the Defendant to replace the first and third floor of the building located in Songpa-gu Seoul (hereinafter “Defendant building”) and the third floor of the gas boiler installed in Songpa-gu Seoul (hereinafter “Defendant building”) on February 2, 2018, and completed the replacement work of the gas boiler 2 on February 2, 2018, and the replacement cost is recognized to have been 1.4 million won.
2. According to the facts found in the judgment on the principal claim, the Defendant is obligated to pay to the Plaintiff the costs of replacing boiler 1.4 million won and damages for delay calculated by the rate of 5% per annum under the Civil Act from February 3, 2018 to March 26, 2018, the delivery date of the copy of the instant complaint, from March 26, 2018, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
(Plaintiff filed a claim for the payment of damages for delay from February 2, 2018, the date on which the boiler was installed, but the Defendant shall be held liable for delay from February 3, 2018, following the completion of the said construction). 3. Determination on the counterclaim claim
A. Although the gist of the Defendant’s assertion existed in the boiler newly installed by the Plaintiff, the Plaintiff is doubtful that the cause was due to the heat of heating pipes, and ordered the Defendant to conduct a water leakage detection test.
However, the boiler newly installed was not normally operated even though the water leakage detection engineer cut off the small bank pipe on the north side of the suspected stove, and the boiler began to normally run only when the Plaintiff installed the boiler to replace the circular valve. Therefore, there is a defect in the boiler installed by the Plaintiff.
Therefore, the Defendant’s compensation for damages incurred to the Plaintiff, which was 30,000 won in water leakage detection cost paid by the Defendant, and the heating pipes were dried due to the defect of boiler, and thus, the costs of repairing pipes to be paid in the future are 1.2 million won in water supply cost and 7.50,000 won in length, and the boiler installed by the Plaintiff