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1. The Defendant’s KRW 18,850,347 as well as the Plaintiff’s KRW 6% per annum from October 11, 2014 to June 27, 2017, and the following.
Reasons
1. Basic facts
A. The Plaintiff is a company running the boiler manufacturing and repair business, and the Defendant is a company running the pumps manufacturing and sales business.
B. On July 23, 2013, the Plaintiff and the Defendant concluded a contract under which the Plaintiff purchased 2 set of 2 set of “Canned Mor PumpCC24-42C5” from the Defendant on a contract amount of KRW 42,00,000 (excluding value-added tax) (hereinafter “instant contract”).
C. The Plaintiff supplied two pumps from the Defendant and installed in the boiler of a factory in Indonesia and started to operate from May 19, 2014.
However, around June 9, 2014, among the two pumps supplied by the Defendant and operated by the Plaintiff, the occurrence of breakdowns, such as the shouldering, and the damage of her propeller and cling, etc.
(hereinafter referred to as the “instant pumps”). E.
The Plaintiff paid the following costs and operates the instant pumps by replacing another pumps.
F. Meanwhile, the Plaintiff claimed for a defect bond to the capital goods mutual aid association, which guaranteed the Defendant’s contractual liability due to the defect of the pumps of this case supplied by the Defendant, and received KRW 4,620,000.
G. On September 12, 2014, the Plaintiff filed a claim with the Defendant for reimbursement of expenses incurred in replacing the pertinent pumps as above, and notified the Defendant that the amount would not be paid or that the pertinent pumps should be returned to KRW 21,00,000,000, because the instant contract should be reversed and the pertinent pumps should be returned, and the said notification reached the Defendant around that time.
Since then, the Plaintiff filed the instant lawsuit at the time of demanding return of the instant pumps, which the Defendant did not comply with the aforementioned request by the Plaintiff.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 6, Gap evidence 7-4, Eul evidence 4, and all pleadings.