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(영문) 부산지방법원 동부지원 2017.02.22 2015가단216651

손해배상(기)

Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall pay KRW 26,609,000 and its amount from December 2, 2015 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of developing electric resources and purchased electric power facilities parts from the suppliers, such as Defendant A (hereinafter “A”) through its main headquarters of high nuclear power, etc.

B. Defendant A was established for the purpose of manufacturing the parts of power generation facilities and supplied the pumps for power plants and parts of the above pumps assembly to the high nuclear headquarters, etc. under the Plaintiff’s control, and Defendant B Co., Ltd. (hereinafter “B”) was established for the purpose of manufacturing the parts of power generation facilities and equipment, and supplied to Defendant A with propellers, etc., which are parts of power plants assembly.

C. On September 25, 2009, the Plaintiff entered into a purchase contract (the number: C; hereinafter referred to as the “instant supply contract”) with Defendant A to the effect that the Plaintiff would be supplied with 80,599,998 won (value added tax separately), etc., which is part of the pumps for power plants, from Defendant A. The Defendant A supplied the instant grass to the Plaintiff on October 28, 2009 pursuant to the said contract.

On July 19, 2010, the Plaintiff entered into a purchase agreement with Defendant A with the content that the Plaintiff would be supplied with the electric power plant pumps (hereinafter “instant pumps”) at KRW 453,200,000 (with the purchase price separately set aside: D; hereinafter “instant secondary supply contract”); and the “instant first supply contract” and “the instant second supply contract,” both of the “instant supply contract,” and the “instant second supply contract,” respectively. The Defendant A supplied two parts of the instant pumps (hereinafter “instant propeller”) to the Plaintiff on September 16, 2010.

E. At the time of entering into each of the instant supply contracts, the following general terms and conditions of the purchase contract are common.