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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who operates an agricultural machinery repair company with the trade name of “C” while operating an agency of Ateex that manufactures and sells agricultural machinery, etc.
B. Around October 2008, the Defendant purchased one Track (a model: ASEAN MF6465, hereinafter “instant machinery”) from an Ackex agency operated by the Plaintiff.
C. The Defendant used the instant machine to perform work, and on October 30, 201, the back wheeleddong was destroyed by the left side of the instant machine.
On November 10, 201, the Plaintiff repaired the instant machinery and incurred KRW 11,897,822, including value-added tax, at repair costs, for the purpose of purchasing parts.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant is obligated to pay to the plaintiff a total of 12,189,822 won (292,00 won) including repair fees, etc. and damages for delay at each rate of 20% per annum under the Civil Act from November 10, 2012 to October 24, 2013, which is obvious from the date when the original copy of the instant payment order was served to the defendant from November 10, 2012 to the date when the original copy of the instant payment order was served to the defendant.
B. On October 30, 201, the Defendant’s assertion that the back quidong on the left side of the instant machine was destroyed on October 30, 201, and the employees of the Plaintiff and the Plaintiff and the Plaintiff, Ackex confirmed the damaged condition of the instant machine at the Defendant’s work site, and promised that the instant machine would have been destroyed due to the defect of the machinery itself, and that they would be compensated for.
Even if it is not so, the Plaintiff entered into a repair contract with the Defendant on the condition that the Plaintiff will bear the repair cost of machinery in Ateex, and at present, Ateex Co., Ltd.