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1. The Defendant’s KRW 33,940,80 for the Plaintiff and its related KRW 5% per annum from March 29, 2016 to June 9, 2017.
Reasons
1. Basic facts
A. From October 24, 2012, the Plaintiff was running a bath business in the name of “D” on the ground of Jinju-si’s ground. However, around January 25, 2013, the Plaintiff and the Defendant entered into a contract with the following terms (hereinafter “instant contract”) by setting the relevant pumps to be installed inside boilers of the said D (hereinafter “instant contract”). On January 29, 2013, the Defendant and the Defendant purchased the waste heat recovery type pumps (product specifications: EGI-50S, size 50S, unit HP; hereinafter “instant pumps”) at KRW 53,00,000 (excluding value-added tax), and the value-added tax of KRW 5,300,000 was refunded early to the Plaintiff, and the Defendant paid the said pumps to the Plaintiff at an early refund, and the Defendant installed the instant bathing pumps at around January 29, 2013:
Article 2(Payment Method)5-1 The ownership of the contract product is to the seller until the completion of the payment of the down payment and the balance under this contract, and if the payment is made by means of installment financing, the ownership prior to the completion of the contract still to the seller.
(5) Where the payment of the price is delayed, the seller shall urge only once to make the payment, and where the payment is delayed in spite of the above demands, the buyer shall assume the obligation to pay the remaining price in lump sum as a result of loss of the benefit of the deadline for the remaining price. In this case, the buyer shall not raise any objection even after the seller voluntarily removes, recovers, or closes down to prevent the use of the installed product.
(5) The voluntary removal, recall, and restriction on use of goods referred to in this Article shall be deemed to have agreed by the purchaser without any separate agreement or notification procedures as well as with the conclusion of this agreement.
Article 4 (A/S Free Guarantee Period) (1) Seller shall grant A/S free of charge for two years from the date of installation or actual completion of installation listed in the guarantee certificate delivered after the establishment of this product.
Provided, That even if it is within the period of free guarantee, the cost of replacing expendable goods shall be paid.