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(영문) 대전지방법원 2016.07.14 2016나101264
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

On August 30, 2010, the Plaintiff was engaged in the manufacturing, sale, and repair business of agricultural machinery, and sold the agricultural log (the model name SL6800, hereinafter “instant machinery”) to the Defendant at KRW 29,100,000, and then delivered it around that time. The warranty period for the instant machinery at the time was agreed until 12 months from the date of delivery.

On January 14, 2014, the Defendant received A/S regarding the instant machinery from the Plaintiff on the ground of the “existing Muililty”. On January 24, 2014, the Plaintiff’s staff B visited the Defendant’s house on January 24, 2014 to exchange double themep and rubber, and the Plaintiff’s repair cost of KRW 250,000 was incurred at the cost of parts, technical fees, and business trip.

[Grounds for recognition] In light of the facts without dispute, Gap evidence 2, Gap evidence 3, Eul evidence 1, Eul evidence 2-1, Eul evidence 2-2, and the purport of the whole pleadings, the defendant is obligated to pay the amount at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the day following the day of service of the original copy of the payment order of this case to the day of complete payment, as the repair cost of the machinery of this case 250,000 won and the day following the above repair date.

The defendant's argument as to the defendant's assertion argues that since defects, such as oil, etc., occurred from the machinery of this case immediately after purchasing the machinery of this case from the plaintiff, the defendant cannot pay the plaintiff the repair cost of this case, since the plaintiff continued to repair the machinery of this case within the warranty period.

Judgment

Therefore, as seen earlier, the warranty period of the defect warranty of the instant machinery, which can be repaired without compensation, shall be 12 months from August 30, 2010, the delivery date, and there was any defect as alleged by the Defendant during the warranty period of the defect in the instant machinery.

or the defendant requested repair to the plaintiff within the above period.

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