1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 80,689,849 and KRW 41,324,242 among them.

1. The reasoning of the judgment of the court of first instance is reasonable, except for the modification following the acknowledgement of the reasoning of the judgment of the court of first instance.

▣ 제1심판결문 4쪽 9~10행 “고, 진파사의 검사성적서에 기재된 가공정밀도 0.01mm는 무부하 상태의 공차를 말하” 부분 삭제 ▣ 제1심판결문 4쪽 밑에서 2행 “이 사건 기계”부터 1행 “있고,”까지 삭제 ▣ 제1심판결문 6쪽 밑에서 3행 “공차가 발생한다.”를 “밀림 현상이 발생한다.”로 수정 ▣ 제1심판결문 8쪽 밑에서 7행 “민법이 정한 연 5%의”를 "상법이 정한 연 6%의'로 수정하고 같은 쪽 밑에서 5~2행의 괄호 안 내용 삭제

2. Judgment on the defendant's assertion in the appellate court

A. The defendant asserts that there is no defect in the machinery of this case even in the court of this case.

However, in full view of the evidence adopted by the first instance court, such as the appraisal result of appraiser D in the first instance court and the fact-finding results of appraiser D in the first instance court and appraiser D, Han TM Co., Ltd. in the second instance court, it is recognized that the instant machinery was unable to have a function ordinarily required for automatic wire machines such as the increase in the quantity of the smuggling when the product was processed, which makes it difficult to repair and that such defect is difficult to be easily resolved solely on the basis of the setting or universaling work that is another additional process.

The Defendant’s assertion that there is no defect in the instant machine is rejected.

B. Whether the defendant violated the duty to notify defects shall conduct an inspection without delay when the plaintiff received the machinery of this case and notify the defendant of the defects immediately.