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(영문) 서울중앙지방법원 2016.06.28 2015가합557751

손해배상(기)

Text

1. Defendant C’s KRW 226,663,200 and its amount are 5% per annum from June 27, 2015 to June 28, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of manufacturing and selling the building mutual aid system, manufacturing and selling heat and fluid machinery, and technical projects related to energy. (2) Defendant B was the Plaintiff’s director, representative director, or joint representative director from June 10, 1997 to March 21, 2009. Defendant C entered the Plaintiff on May 1, 2007 and retired from the office on April 27, 2009. Defendant D joined the Plaintiff on March 7, 2007 and left the office on May 31, 2009 while serving as the director of the solar project division, who was employed in the Plaintiff on May 31, 2009. E was employed in the Plaintiff on April 1, 2007 and set off on May 22, 2009.

B. 1) The Plaintiff entered into a contract for solar construction works on May 18, 2008 (hereinafter “F”).

2) As between G and the construction of solar power plants (hereinafter referred to as “instant F construction”)

A) A contract was concluded between the construction cost of KRW 12,375,000,000 and the construction period of KRW 2,000 from May 20, 2008 to September 30, 2008 (hereinafter “instant F Agreement”).

(2) In addition, the Plaintiff received a contract with H (hereinafter “H”) for construction work that constructs solar power plants to I on the same day (hereinafter “instant H”) by setting the construction cost of KRW 12,375,00,000 and the construction period from May 20, 2008 to September 30, 2008.

(hereinafter “instant H contract”). C.

태양광모듈 설치 및 하자발생 1) 이 사건 F 공사 가) 원고는 이 사건 F 도급계약 당시 J사가 제작한 200W급 태양광모듈(최대시스템 전압 1,000V)과 K사가 제작한 180W 태양광모듈을 설치하기로 하였다.

그런데 원고는 이 사건 F 공사를 진행하면서 J사의 200W급 태양광모듈(최대시스템 전압 600V) 4,246개, K사의 180W급 태양광모듈 2,660개, 175W급 태양광모듈 108개, L사의 200W급 태양광모듈 726개 등 합계 7,740개의 태양광모듈을 설치하였다.

B. J.S. established by the Plaintiff.