beta
Text
1. The plaintiff's appeal against the defendant B and the defendant A's appeal are all dismissed.
2. The plaintiff and the defendant B.
Reasons
1. Basic facts
A. Defendant B registered his business with the trade name “C”.
B. 1) The Plaintiff entered into a mechanical supply contract with Defendant B’s husband, stating that “the Plaintiff shall be produced and supplied in the aggregate of KRW 6 million (payment at the time of conclusion of the contract), the intermediate payment of KRW 3 million (payment after one month after the conclusion of the contract), and KRW 12 million (payment after the completion of the approval of the instant machine) between Defendant B’s husband A and Defendant A (hereinafter “instant contract”).
(2) At the time of the conclusion of the contract (No. A. 1; hereinafter referred to as “instant contract”) signed by the Plaintiff and the Defendant A is indicated as “trade name: C: Representative: Defendant A”.
C. Pursuant to the instant contract, the Plaintiff deposited the down payment of KRW 6 million on January 16, 2014, and the intermediate payment of KRW 3 million on March 18, 2014 into the Daegu Bank account under the name of the Defendant A.
1) 피고 A은 2014. 8. 18. 원고에게 이 사건 기계를 제작하여 공급하였다. 2) 원고는 위 공급일로부터 10일이 지난 무렵 피고 A에게 ‘이 사건 기계에 하자(판스프링이 휘어져 나오고, 창문 잠금장치 내부에 제대로 삽입되지 아니하고 튕겨나오는 등 정상작동 되지 않음)가 있다’고 통지하여 피고 A은 이 사건 기계를 수리하였다.
3) On the ground that the Plaintiff notified Defendant A of the defect in the instant machine, Defendant A re-repaired the instant machine, but did not properly repair the defect in the instant machine. Accordingly, Defendant A brought the instant machine to a factory of “C” for repair on or around September 10, 2014. (4) The Plaintiff and Defendant A confirmed the repair condition, etc. of the instant machine on or around January 10, 2015, and the Plaintiff refused to accept the instant machine on the ground that the repair of the defect was not completed.
E. On January 13, 2015, the Plaintiff caused several defects to Defendant A on several occasions in the instant machinery, and even January 13, 2015.