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(영문) 서울중앙지방법원 2019.05.02 2017가합502090

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall be KRW 1,208,670,000 and its amount shall be from January 16, 2019 to the date of full payment.

Reasons

1. The following facts may be acknowledged, either in dispute between the parties, or in full view of the overall purport of the pleadings as a result of each of the written evidence and images set forth in Gap evidence 1 through 5, 7 through 12, Eul evidence set forth in Eul evidence set forth in Eul evidence set forth in subparagraph 1 (including branch numbers), D, E’s testimony, and appraiser D (hereinafter “appraisal”), and each of the written evidence set forth in the evidence set forth in March 5, 2018 and July 20, 2018.

The Plaintiff, a company engaged in advertising business, such as advertising agency business, entered into a contract on the supply of vehicles (hereinafter “the instant primary contract”) with Defendant B Co., Ltd. (hereinafter “Defendant Company”) under which: (i) the 16 vehicles of fixed LED type 16 tons and 9.5 tons of electric sign board vehicles on October 18, 2014; (ii) the 3,366,000,000 won (including value-added tax) were manufactured and supplied until the 31st of the same month; and (iii) the 8 vehicles of fixed LED electric sign board vehicles and 9.5 tons of LED type 5 tons of vehicles; and (iv) the 16 vehicles of fixed LED type 16,280,000 won (including the 1st contract), respectively, within one month from the date of concluding the contract on the 2nd of January 27, 2015, concluded the contract on the manufacture of vehicles with the two electric sign board vehicles.

(hereinafter collectively referred to as “each of the instant contracts”). The contents of each of the instant contracts pertaining to the instant contracts are as follows:

◆ 이 사건 1차 계약 계약목적물의 표시 구분 내용

1. Full Color LE (480m x 2560m x 4480m x 2560m) 9.5 tons SCRE (7040m x 3m) Full Color LESNNE (7040m x 3840m x 3840m) / Full Color MD pyaclorr traffic exposure (5m) / Fluorr luorr lusium (6500cm/m);

2. Manufacturing of a steel tower and installation of structures for a steel tower (water pressure and revolving);

3. Power-driven power generator (6.5 KW): Two metric power generators (6.5KW). Two metric power generators (6.5KW): Three or 20KW generator.

4. Sound system omitted;

5. Computer system omission (supply and type approval) Article 4 (Supply and Type Approval of Contract Products) (1).