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1. The Defendant’s KRW 177,877,949 among the Plaintiff and KRW 127,915,889 among the Plaintiff, shall be KRW 49,962,060 from December 6, 2015.
Reasons
1. Basic facts
A. The Plaintiff is a company producing steel nets and building materials, and the Defendant is a person engaged in the manufacturing business of steel nets and machinery with the trade name “B.”
The Plaintiff used machinery (name: eXPND MEAL MTAL M/C, size: 6T x 2000 L, weight: 21 ton) which is a multilomon network production machine used as a window dressing of a building or a structure protection network, etc., and left the Defendant with the repair of its parts on June 1, 2005.
The defendant completed the repair of the above parts on June 17, 2005. The plaintiff's employee confirmed the completion of repair and paid 22 million won to the defendant as repair cost, and tried to remove the above parts on or around June 18, 2005, but the defendant rejected the delivery on the ground that the repair cost is unpaid.
Accordingly, the plaintiff filed an application against the defendant for a provisional disposition on the above parts (Seoul Southern District Court 2005Kahap1855), and on September 14, 2005, the plaintiff acquired the above parts by executing delivery execution on September 23, 2005, and assembled them into the above main body, and resumed the manufacturing of wire network.
B. On July 8, 2005, the defendant filed a lawsuit claiming payment of KRW 15 million out of the repair cost of the above parts (Seoul Southern District Court 2005Gahap10945), claiming that the repair cost of the above parts was 22 million won, and the plaintiff filed a counterclaim claiming damages, such as lost income, due to the refusal of delivery of the above parts, by asserting that the repair cost of the above parts was 22 million won.
(2) On November 3, 2006, the above court dismissed the defendant's main claim and declared a judgment citing the plaintiff's counterclaim.
(hereinafter referred to as “the first instance judgment”). The Defendant appealed against it, and the Seoul High Court revoked the first instance judgment on January 16, 2009, and the Defendant’s main claim.