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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. Facts of recognition;
A. On April 2015, the Plaintiff maintained Benz C200 vehicles at the Defendant’s request, and the Defendant did not pay KRW 1,000,000 (excluding value-added tax).
B. Around April 11, 2015, at the Defendant’s request, the Plaintiff accepted the front paner and le-day exchange of the instant vehicle, the left-hand horizontal swap, and the front hump of the panel. The Defendant did not pay KRW 2,00,000 out of the price of KRW 4,000,000 (value-added tax separate).
C. The Defendant prepared to the Plaintiff a loan certificate stating that “I will make full payment not later than May 6, 2000,000 won in total of KRW 3 million for the general repair cost of KRW 400,000,000,000 for the remainder of vehicle repair cost (total acceptance of KRW 400).”
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 7, purport of whole pleadings]
2. Assertion and determination
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff KRW 300,000,000, which is the amount calculated by adding value-added tax to the balance of the cost of maintenance and repair of the instant vehicle, and the damages for delay calculated at the rate of 20% per annum from June 11, 2015 to the date of full payment, following the day when the copy of the instant complaint was served.
B. The Defendant’s assertion asserted that the Plaintiff accepted the repair cost of KRW 3,00,000 in excess of the original 3,000,000, and that was later accepted once again due to the occurrence of a breakdown in the same part, and thus, the Plaintiff cannot respond to the Plaintiff’s claim.
The defendant's assertion is without merit, since there is no evidence to acknowledge the defendant's assertion.
3. The plaintiff's claim is accepted on the grounds of its reasoning, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.