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1. The Defendant: (a) KRW 104,830,000 for the Plaintiff and its related KRW 6% per annum from September 11, 2013 to June 12, 2015; and (b) June 13, 2015 for the Plaintiff.
Reasons
1. Basic facts
A. While the Defendant purchased and used ATC high-speed precision air from the Plaintiff (hereinafter “instant machinery”), around October 2010, sold the instant machinery to B Limited Liability Company in China (hereinafter “B”) and completed the export declaration.
B. B sent the instant machinery to the Defendant for repair on April 24, 2013, and the Plaintiff sent a written estimate for the repair of the instant machinery to the Defendant.
C. On September 10, 2013, after receiving delivery of the instant machine from the Defendant, the Plaintiff re-delivery the instant machine to the Defendant, and on September 12, 2013, the Defendant re-exported the instant machine to B.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3, Eul's 1, 3, and 4, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that the main point of the party's assertion is that the plaintiff sought payment of the cost of the mechanical repair of this case against the defendant, and that the defendant is not the defendant B, and thus, the plaintiff cannot comply with the plaintiff's claim.
B. Determination 1) In light of the fact that the Plaintiff sent a quotation for the repair of the instant machinery to the Defendant, and the Plaintiff again delivered it to the Defendant after receiving delivery of the instant machinery from the Defendant, it is reasonable to deem that the party who requested the repair of the instant machinery is the Defendant. The written evidence No. 5 alone is insufficient to reverse the above fact of recognition. (2) Accordingly, the Defendant’s legal interest rate of 6% per annum under the Commercial Act from September 11, 2013 to June 12, 2015, the delivery date of a copy of the complaint of this case, from June 13, 2015 to September 30, 2015, as stipulated in the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Etc., to the extent that the legal interest rate of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is stipulated.