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1. The Defendant: (a) KRW 40,000,000 for the Plaintiff and 5% per annum from October 30, 2015 to May 17, 2016.
Reasons
1. Basic facts
A. On December 21, 2012, the Plaintiff entered into a contract with the Defendant to receive the production and supply of waste-dead animal recycling equipment in KRW 238,00,000, by setting the warranty period as two years from the delivery date, and the Defendant manufactured the above equipment and supplied it to the Plaintiff on July 5, 2013.
B. However, since January 9, 2015, there were defects that require a total of 64,251,841 won to repair the above facilities, such as oil and contents leaked from the building machine of the above facilities, and the transfer equipment of the above facilities is not operated properly, and the operation of the above facilities was suspended from around that time.
C. Accordingly, on February 17, 2015, the Plaintiff filed a claim for the aforementioned repair of defects with the Defendant, but the Defendant paid KRW 40,000,000 to the Newyang Co., Ltd. from August 24, 2015 to September 23, 2015, thereby allowing the Newyang Co., Ltd to repair the said facilities.
【Ground of recognition】 Facts without dispute, Gap’s evidence 3 through 5, Gap’s evidence 7, Gap’s evidence 8, Gap’s evidence 9-1 through 3, and the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay 40 million won and damages for delay calculated at the rate of 15% per annum under the Civil Act from October 30, 2015 to May 17, 2016, which is the day following the delivery of the application for modification of the purport of the claim and the cause of the claim in this case, in lieu of defect repair, as requested by the plaintiff, to the plaintiff, except in extenuating circumstances.
3. The defendant's argument regarding the plaintiff's assertion was accepted at the plaintiff's request after the supply of the above facilities to the plaintiff, as well as the payment for the remainder of 12,760,280 won was not made by the plaintiff. Thus, the plaintiff's objection is made before receiving the cost for repair and the remainder of the facilities.