1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. While the Defendant purchased and used ATC high-speed precision air (hereinafter “instant machine”) that processes LAFDW, a mobile phone part, from the Plaintiff (hereinafter “instant machine”), the Defendant sold the instant machine to B Limited Liability Company in China (hereinafter “B”) around October 2010 and completed the export declaration.

B. A around April 22, 2013, the instant machinery was sent to the Defendant for repair. On April 24, 2013, the Defendant filed an import declaration on the instant machinery with the term “transaction classification: Acceptance of export goods”.

C. The Plaintiff stated “The date: May 21, 2013,” “The name of the business entity: A. E.,” and “the estimate for repair of high-speed air” and sent a written estimate to the Defendant for repair of the instant machinery.

After receiving the instant machine from the Defendant and completing repair, the Plaintiff returned the instant machine to the Defendant on September 10, 2013.

E. On September 12, 2013, the Defendant re-exported the instant machinery to B on the basis that “transaction classification” was “re-exported after repair of exported goods.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 3, 4, and 6 (including branch numbers; hereinafter the same shall apply)

2. The assertion and judgment

A. The gist of the parties’ assertion argues that the Defendant requested repair of the instant machine and thus, the Defendant sought payment of the cost of repair of the instant machine. The Defendant asserted that, in China, B requested repair of the instant machine to the Plaintiff. The Defendant received the instant machine from B, and served only an intermediate role for sending it to B after repair, and thus, cannot accept the Plaintiff’s claim.

B. In full view of the following facts and circumstances acknowledged by the aforementioned facts and the evidence as stated in the evidence Nos. 2 and 5 and the purport of the entire pleadings, the following facts and circumstances are examined.