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(영문) 울산지방법원 2019.09.19 2018나2486
수리비
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On September 6, 2017, the Defendant requested the Plaintiff to repair the compact presses and steams in C (hereinafter “instant facilities”). Around September 6, 2017, the Plaintiff entered into a contract with the Defendant to replace and repair the said facilities with KRW 14,300,00 (including additional dues).

B. The Plaintiff received a total of KRW 6,500,000 from the Defendant on September 6, 2017 and September 7, 2017 as advance payment, and thereafter, the Plaintiff completed the replacement and repair of the instant facilities.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff KRW 14,30,000 to the cost of replacing and repairing the instant facilities, and it is recognized that the Plaintiff received KRW 6,500,000 from the Defendant, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the remainder of KRW 7,80,000 (=14,300,000 - 6,500,000) and the damages for delay calculated at the rate of KRW 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 14, 2018 to the day of full payment, which is the day following the delivery of a duplicate of the complaint of this case.

3. Judgment on the defendant's assertion

A. The main point of the Defendant’s assertion was defective in the part of the expansion engine among the instant facilities that the Plaintiff replaced and repaired, and the Defendant requested the Plaintiff to repair several times, but did not repair normally.

Ultimately, by expressing to the Defendant that he would not receive the remainder of KRW 7,800,000, the Plaintiff’s obligation was exempted and extinguished.

B. In full view of each of the statements in evidence Nos. 1, 2, and 3, the Defendant appears to have suffered some defects in the equipment of this case among the equipment of this case, and even if it is recognized that the Defendant accepted it through another company, the above circumstances alone are between the Plaintiff and the Defendant.

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