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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 20, 2014, the Plaintiff entered into a contract with the Defendant for the installation of wheel chairss at KRW 26,500,000 for the construction cost of the instant hospital (attached Form 1 real estate; hereinafter “instant hospital”). On May 20, 2014, the Defendant installed a wheel chairs with a size of 900 meters x 1400 meters at the said hospital (hereinafter “instant elevator”).
B. On June 2, 2015, the instant elevator was disposed of due to its failure and its suspension of operation on the grounds that the instant elevator causes serious inconvenience to the wheelchairs users, but it became possible to operate the instant elevator upon obtaining an elevator inspection passing around November 5, 2015.
(c) Attached Table of elevator inspection standards in Ministry of Public Administration and Security No. 2012-14;
6. The minimum measurements of the elevator under Article 13 of the vertical wheelchairs structure shall be as follows:
If the main design dimension (breadthx length) entrance is installed at 90 degrees each (if the executor side wheel chairs) 1100m x 1400m m x is installed on the rear side of the wheelchairs, then 800m x 1600m x 1600m m x 800m m x 1250m m m m x 1250m m m x 650m m m m m m m m m m m m m m m m m m m m m m m m m m m m m x m m m m m m m m x 325m m m m
2. The assertion and judgment
A. 1) The plaintiff asserts that, around the other hand, the plaintiff is unable to execute the contract of this case since the plaintiff is an elevator installed by installing an elevator with a size of 1400m size x 1600m size 900m size, which is short of 800m size and deceptions the plaintiff, and the contract of this case is cancelled. Thus, the defendant collects the elevator of this case and delivers the part of the elevator of this case to the plaintiff and delivers it to the plaintiff, and compensates the plaintiff for damages calculated at the rate of 50,000 won per day until it is delivered, and the plaintiff pays 22,000m size to the defendant.