1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

A Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) is a company operating a D power plant. On September 27, 2016, the Jeonju District Court rendered a decision to commence simplified rehabilitation procedures under the Jeonju District Court 2016 Mahap109, and the Plaintiff, a representative director at that time, deemed the manager.

Plaintiff

On April 6, 2017, the Company entered into a contract with the Defendant for the repair work (hereinafter “instant repair work”) that checks the 1 and 2 power generation units of a DNA power plant by demolishing them (hereinafter “instant maintenance”) at KRW 5,000,000 for the contract price (hereinafter “instant contract”). The instant contract sets the warranty period of the defect warranty one year from the date of completion of the inspection on completion.

Under the instant contract, the Defendant performed the instant maintenance from April 6, 2017 to April 25, 2017, and the completion inspection was completed around April 29, 2017.

After that, around August 6, 2017, the one-time temperature of the power plant was excessively increased, and around August 15, 2017, the first generation period was suspended due to temperature increase, and around August 18, 2017, the second generation period of the D power plant was suspended due to temperature increase.

The Defendant, at the request of the Plaintiff Company, repaired the foregoing No. 1 power generator from August 17, 2017 to August 30, 2017, and thereafter works normally as the power generator from August 30, 2017, but the Defendant rejected the repair of the power generator No. 2.

[Reasons] The Plaintiff’s assertion as to the claim of the principal suit as to the Plaintiff’s claim of the entire purport of the pleading and the Plaintiff’s assertion was suspended due to temperature increase at the time when three months elapsed since the completion date of the inspection on completion of the instant maintenance, and such breakdown occurred within the warranty period of the instant contract, and thus, the Plaintiff’s defect repair against the Defendant.