logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.08.26 2019나64364
손해배상(기)
Text

The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On January 29, 2019, the Plaintiff requested the Defendant to repair a 50 ton seal exchange, etc. with the fourth and fifth group of group boom correction, a group boom correction, a group of group boom correction, a group of group boom production, a group of group booms in the character, and a group of group booms.

B. On February 24, 2019, the Defendant performed the repair work of the said cler, and delivered the instant cler to the Plaintiff.

C. On February 25, 2019, the Plaintiff paid 15,400,000 won for the repair cost of the instant artist (800,000 won for the repair cost of the 4th group boom, 3,500,000 won for the repair cost of the boom boom, 700,000 won for the 5th group boom boom repair cost, and 700,000 won for the boom repair cost) to the Defendant.

On February 26, 2019, the Plaintiff resisted that “any defect exists in the part repaired by the Defendant,” and requested re-repair to the Defendant, and requested repair to C Co., Ltd. (hereinafter referred to as “C”) that did not comply therewith, the Plaintiff paid KRW 6,655,00 at its repair cost to C on March 11, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 5, Eul evidence 1 through 5, 10, 11 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings and arguments

2. The parties' assertion

A. As the Plaintiff did not properly interfere with the repair of the instant scrap, the Plaintiff suffered losses from entrusting C with the repair of the instant scrap from February 27, 2019 to March 8, 2019 and paying KRW 6,655,000 at its expense.

Furthermore, the Plaintiff was unable to use the instant crane for business for a period of 10 days, which is the repair period, and caused a temporary loss of KRW 5,347,200.

Therefore, the Defendant is liable to compensate the Plaintiff for damages incurred (=6,655,000 won KRW 5,347,200) and damages for delay.

B. The defendant completed all repairs as to the part requested by the plaintiff, and shall compensate the plaintiff for the damages equivalent to the above amount.

arrow