beta
Text
1.The judgment of the first instance shall be modified as follows:
Of the instant lawsuit, the Plaintiff’s 28,649,657 won and the Defendant.
Reasons
1. Determination as to the cause of claim
A. 1) On February 3, 2014, the Plaintiff engaged in the business of manufacturing and installing machinery with the trade name of “B” (hereinafter “instant machinery”) the Plaintiff entered into a contract with the Defendant (hereinafter “instant contract”) with the terms of “B” as KRW 175,750,00 (value added tax separate) of the contract amount. On April 30, 2014, the Plaintiff completed the work of manufacturing and installing the remaining machinery excluding “W600 x 10 x 4P” (amount 6,750,000).
3) On February 27, 2014, the Defendant paid to the Plaintiff a total of KRW 100,000,000,000 to KRW 30,000 on March 27, 2014, and KRW 20,000,000 on April 4, 2014. (4) The Plaintiff, at the Defendant’s request during the work under the instant contract, has been engaged in the production, installation, and repair of softs, and the production, installation, and repair costs of so-called 6,96,00,00 (including the production costs of so-called 1,078,00,000 won and so-called 1,030,000 won and so-called 1,030,000,000 won and KRW 20,000,000,000 on the production costs of so-called mixing and so-called 1,005,00 won.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including paper numbers, hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings
B. According to the above facts of recognition, the defendant is obligated to pay the plaintiff a total of KRW 82,896,00 [including KRW 175,750,000 (= contract amount of KRW 175,750,000] - value-added tax of KRW 6,750,000 for non- installed machinery - value-added tax of KRW 100,000] for additional production and repair costs of KRW 6,96,00,000 for value-added tax, and delay damages thereon, unless there are special circumstances.
2. Judgment on the defendant's assertion
A. The following defects have occurred on the instant machines and additional manufactured machinery by the Defendant. Since the amount of liability for the Plaintiff’s defects is KRW 35,995,00, the Defendant’s above repair cost claim is KRW 35,995,00.