물품대금
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The Plaintiff is a person who is engaged in the manufacturing of a special motor vehicle with the trade name of “C,” and the Defendant is a person who engages in the transportation of king and fire fighting fire fighting.
B. Around February 2017, the Plaintiff and the Defendant entered into a contract under which the Plaintiff would produce a king and saw sawba (hereinafter “instant loading box”) and install it on the truck owned by the Defendant and receive KRW 40,000,000 from the Defendant (hereinafter “instant contract”).
The Defendant paid the Plaintiff the down payment of KRW 5,000,000 on the day of the contract, and the remainder of KRW 5,000,000 out of KRW 35,000,000 shall be paid on March 6, 2017, which is the shipment date, and the remainder of KRW 30,000,000 shall be paid in six installments each month and paid KRW 5,00,000 each month until September 2017.
C. On March 6, 2017, the Plaintiff installed the instant loading box on the truck owned by the Defendant and delivered it to the Defendant. At that time, the Defendant paid KRW 5,00,000 to the Plaintiff.
However, around April 2017, when the Defendant used the loading box of the instant case, there was a defect in the frame of the loading box of the instant case and the external steel board with a string.
Accordingly, the Defendant requested the Plaintiff to repair the instant loading box, and the Plaintiff additionally demanded KRW 15,000,000 to the Defendant as the repair cost of the instant loading box.
E. On April 28, 2017, the Defendant: (a) completed the repair of the instant loading box on “D” (representative E), which is a manufacturer of the loading of the instant vehicle, such as the loading of the instant vehicle; and (b) completed its repair.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 4 and 5, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion made on March 6, 2017 under the instant contract and delivered the instant loaded goods to the Defendant. The Defendant paid only KRW 10,000,000 out of the price of the goods stipulated in the instant contract, and did not pay the remainder of KRW 30,00,000.
The cargo board of the instant cargo box is outside the steel board.