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(영문) 수원지방법원 2014.11.27 2013가단55139

손해배상(기)

Text

1. The Defendant’s KRW 12,016,793 as well as the Plaintiff’s KRW 6% per annum from January 16, 2013 to November 27, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaging in the research, development, and manufacturing of carbon dioxide supply, agricultural automation systems, and electric and electronic products with the trade name of C.

B. On December 3, 2012, the Defendant entered into a contract with the Plaintiff on December 21, 2012, under which the Defendant made pellets (hereinafter “instant burner”) combustion machine system (hereinafter “instant burner”) up until December 21, 2012 at the place designated by the Plaintiff, and the Plaintiff would pay KRW 24 million for the production and supply price of the instant burner (hereinafter “instant contract”).

C. The Plaintiff paid 12 million won to the Defendant on December 4, 2012, and 12 million won to the Defendant on December 14, 2012, respectively, and paid 12 million won to the Defendant on December 14, 2012.

After that, the delivery date of the burning machine of this case was postponed on January 4, 2013 by agreement between the plaintiff and the defendant, and the defendant completed the production of the burning machine of this case on January 4, 2013, which is the extended delivery date, and was installed in the E-factory located in Sung-si Co., Ltd. designated by the plaintiff.

E. Meanwhile, the combustion of this case consists of the following devices:

Attachment of a letter of appraisal;

2. A photograph 5 to 11). ① pellets supply device: a device that stores pelpellets supplied to the instant burner and moves them to the boiler inside the boiler. ② A boiler container: a boiler container that burns the input pelpelpel in question, the inside and outside of the boiler are disposed of with fireproof bricks, etc., and is classified into upper parts, lower parts, and lower parts, etc.