beta
Text
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 26,30,000 and KRW 23,000,000 out of the said money. From June 6, 2014, the Defendants are jointly and severally liable to the Plaintiff.
Reasons
1. Facts of recognition;
A. The status of the party is a company whose purpose is the maritime transport business, etc., and the defendant A is engaged in the repair and sale of the ship engine under the trade name of "C", and the defendant B is the actual operator of "C" as the husband of the defendant A.
B. 1) On September 9, 2013, the Plaintiff entered into a sales contract, etc., with the Defendants, diesel engines owned by the Defendant for the 670 foot ship (hereinafter “instant engine”).
() The purchase price is KRW 23,000,000, and KRW 13,000,000, out of the purchase price, was replaced by the delivery to the Defendants of the diesel engine for the 430 Marinal Ship owned by the Plaintiff, and the remainder of KRW 10,000,000 was agreed to pay in cash (hereinafter “instant contract”).
(2) On September 9, 2013, the Plaintiff delivered a diesel engine for a 430 foot ship to the Defendants, and paid KRW 10,000,000 to the Defendants. The instant engine was delivered by the Defendants.
C. (1) Around October 2013, the Plaintiff installed the instant engine at the 1001 Chang Lake, a tugboat owned by the Plaintiff, but the air cooling water flows into the engine, and the Defendants were repaired by the Defendants on the ground that only the air cooling pumps of the instant engine were replaced by the engine. (2) The Plaintiff installed the instant engine at the 1001 Chang Lake on December 2013, but there was an outworn phenomenon where the air conditioners passed through the cooling water, and on December 13, 2013, requested D repair. However, on or around November 2014, the Plaintiff respondedd that the air cooling water flow from D cannot be repaired by the engine because the air conditioners were replaced by the wind conditioners of the engine.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, evidence 2-1 through 5, evidence 7-1, 2, 10-1, 2, 11-1 through 5, and 12-1 through 6, witness D and E's testimony, and the purport of the whole pleadings.