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(영문) 부산지방법원 2020.10.30 2020나2561
손해배상
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. Basic facts

A. On October 30, 201, the Plaintiff entered into a purchase agreement (hereinafter “instant purchase agreement”) with the Defendant, setting the system air conditioner (hereinafter “instant air conditioner”) to be installed in the Seo-gu Seoul metropolitan apartment and D (hereinafter “instant apartment”) (hereinafter “instant apartment”) as KRW 4,770,000, and accordingly, the Defendant installed the said air conditioner on the instant apartment until August 15, 2014.

B. On May 13, 2019, the Plaintiff filed a lawsuit against the Defendant claiming the defect of the air conditioner in the instant case as Busan District Court Western Branch 2017 Ghana29769, and sought damages. On May 13, 2019, the lower court rendered a decision of recommending reconciliation (hereinafter “instant decision of recommending reconciliation”) with the following contents, and the said decision became final and conclusive around that time.

① The Defendant shall pay KRW 2 million to the Plaintiff by June 15, 2019.

If the defendant delays the payment of the above money, he/she shall pay the unpaid money to the plaintiff plus damages for delay calculated at the rate of 15% per annum from the day following the payment date to the day of full payment.

(2) The defendant shall undertake repair without compensation for air conditioners installed in the apartment of this case for three years from the date on which the decision to recommend reconciliation of this case became final and conclusive.

However, if the defendant's failure to pay the repair cost directly incurred by the plaintiff within the above period, the plaintiff shall file a claim for the payment with the defendant accompanied by the documents proving the repair cost, and the defendant shall pay the repair cost to the plaintiff within seven days from the date of receiving the plaintiff's claim

③ The Plaintiff waives the remainder of the claim.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. After the Plaintiff’s summary of the Plaintiff’s assertion became final and conclusive, the Plaintiff requested the Defendant to repair the air conditioner, and the repair engineer would accept the air conditioner.

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