1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff is a corporation that engages in the sale and repair of construction machinery.

The defendant is the owner of B dump truck (hereinafter referred to as "B vehicle") and C dump truck (hereinafter referred to as "C vehicle").

B. On December 30, 201, the Defendant requested the Plaintiff to repair B vehicles and entered the said vehicle into the said vehicle. On February 9, 2012, the Defendant requested the repair of C vehicles and entered the said vehicle into the said vehicle.

C. On April 6, 2012, the Plaintiff received KRW 10,000,000 from the Defendant, and transferred B vehicles to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff completed the repair of Plaintiff B’s vehicle and delivered it to the Defendant, and C’s vehicle completed repair on the part requested by the Defendant only to repair the load exchange and the load, and was found to be above the engine part after the repair, but the engine part was not repaired due to the Defendant’s failure to decide whether to replace the engine.

B The repair cost of the vehicle was KRW 19,525,00,000, and only KRW 10,000 was paid by the Defendant, and the amount was unpaid in KRW 9,525,00.

In addition, according to the result of the entrustment of appraisal by the court of the first instance with respect to Gohap Co., Ltd. (Appraiser D), the repair cost of the C vehicle is 21,178,300 won, and the defendant should ultimately pay to the plaintiff the amount of the unpaid repair cost of KRW 30,428,300 (i.e., KRW 21,178,300, KRW 2178,300, and KRW 9,250,000 as the unpaid repair cost of the B vehicle, and thus, the plaintiff sought partial amount of the repair cost of the B vehicle.) and damages for delay

B. The Plaintiff and the Defendant made an oral agreement on the repair cost of the vehicle B at KRW 10,00,000, and the Plaintiff paid the Plaintiff the above KRW 10,000,000 after the repair of the vehicle B after the delivery of the vehicle. As such, there is no repair cost to be paid any more.

C Vehicles shall be repaired by specifying the parts of the repair, such as the exchange of towers and repair of the parts of the body.