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(영문) 창원지방법원진주지원 2017.07.13 2015가단11508
용역비
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. 20,340,540 won and its related thereto from November 5, 2015 to July 13, 2017

Reasons

1. Facts of recognition;

A. On June 30, 2015, Defendant C, at the construction site of the instant truck, lost the center of the instant truck while he gets off soil by cutting down the truck of this case.

In other words, the accident occurred, and as a result, the loading box, frame, etc. of the truck of this case was damaged.

B. On June 30, 2015, the Defendant requested the Plaintiff to repair the instant truck damaged by the said accident.

(hereinafter “instant repair contract.” The Plaintiff could not seek the Plaintiff from the Defendant as to the loading box, fluor, and kybridge of the instant truck. Thus, the Defendant could repair the relevant part only through the Guide.

The Defendant purchased loaded and loaded sludge, etc. and provided them to the Plaintiff.

C. On July 30, 2015, the Plaintiff notified the Defendant that the repair of the instant truck was completed, and confirmed the completion of repair. The instant truck was operated without a problem, but its loading was not operated properly.

The plaintiff talks with the defendant that the reason why the truck of this case does not work properly is due to the gambling bridge, and the defendant processed the truck in D and provided it to the plaintiff.

The pilot bridge provided by the defendant again does not meet the truck of this case, and thus, the loading box of the truck of this case did not work properly.

E. On August 7, 2015, the Plaintiff filed a claim with the Defendant for KRW 29,575,80 (32,533,380 where the Plaintiff included additional taxes) for the repair cost of the instant truck, on the ground that: (a) the Defendant’s failure to properly load the instant truck is a matter of parts provided by the Defendant; (b) the Plaintiff’s fault is not clear whether the repair cost is excessive; and (c) the payment was refused on the ground that the repair cost is excessive.

[Ground of recognition] Facts without dispute, Eul 1, Eul 6 evidence (including additional number), witness C, each appraisal result, the purport of the whole pleadings

2. The main office;

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