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(영문) 대구지방법원포항지원 2015.12.15 2014가단2806
수리대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The premise fact is that the Plaintiff is a corporation engaged in the sale and purchase of construction machinery and the repair business, and the Defendant is the owner of B dump trucks (hereinafter “B vehicles”) and C dump trucks (hereinafter “C vehicles”) there is no dispute between the parties concerned.

2. The plaintiff's assertion

A. On December 30, 201, the Defendant filed a written complaint with the Plaintiff for repair of the B vehicle, and stored the said vehicle into the said vehicle. On February 9, 2012, the Plaintiff entered the said vehicle and completed the repair of each of the said vehicles. The repair cost of the B vehicle was KRW 19,525,00,00, and the repair cost of the C vehicle was KRW 26,40,250, and the repair cost of the C vehicle was KRW 45,93,250, and the Defendant demanded the repair cost was KRW 40,00,000,000, and the Plaintiff responded thereto.

After that, on April 6, 2012, the Plaintiff completed the repair of B vehicle, received KRW 10,000,000 from the Defendant, and delivered the said vehicle, and completed the repair of C vehicle around May 2012.

Therefore, the defendant should pay to the plaintiff the remainder of the repair cost of KRW 30,000,000 and damages for delay.

B. According to the appraisal results with respect to appraiser D of this Court on the assertion stated in the claim purport and the application for change of the cause of the claim as of January 16, 2015 (as of January 12, 2015), the repair cost of C vehicle was appraised as KRW 21,178,300, and the Defendant is obliged to pay the Plaintiff the amount of KRW 30,428,300, which is the sum of KRW 9,525,00, not paid out of the repair cost of the said money and B vehicle, and delay damages.

3. The defendant's assertion

A. The Plaintiff and the Defendant made a verbal agreement on the repair cost of the B vehicle at KRW 10,00,000, and the Plaintiff paid the said KRW 10,000,000 to the Plaintiff after the repair of the B vehicle. As such, there is no repair cost to be paid.

B. Although the Plaintiff and the Defendant agreed to repair KRW 15,00,000, C, the Plaintiff demanded repair costs of KRW 10,000 per se during the repair process and the Defendant requested repair suspension, and the present repair is currently repair.

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