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(영문) 울산지방법원 2015.10.13 2014가단65518

손해배상(기)

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1. The Defendants jointly share KRW 58,958,90 for the Plaintiff and 5% per annum from February 7, 2015 to October 13, 2015.

Reasons

1. Basic facts

A. On August 13, 2012, the Plaintiff, who runs a wholesale business of machinery parts for power generation facilities, and a business of manufacturing and constructing new and renewable energy-related machinery, supplied and received a supply of and demand for manufacturing and installing a performance test device for high temperature and high-tension thermal power equipment from B.

B. On December 20, 2012, the Plaintiff concluded a purchase contract with Defendant A, who operates the “C”, under which the Plaintiff produces and installs a compressed air supply device (hereinafter “instant air supply device”) that forms part of the device that the Plaintiff received and supplied, in the form of KRW 62,70,000,000, for the price of KRW 62,70,000,000, to the designated place in the B’s site (hereinafter “instant contract”) by March 5, 2013.

C. Defendant A requested Defendant EF fishing Co., Ltd. (hereinafter referred to as “Defendant EF fishing”) to manufacture and install 1 bit of the compact presses (MODEL HAHi-1430A) (hereinafter referred to as “instant machinery”).

The air supply system of this case was installed in B around November 2013.

E. On June 18, 2014, water leakage occurred in the instant machine, and damage the machine board and parts of the instant machine, and the water leakage was found in an accident that damages the devices, as the Plaintiff, connected to the instant air supply device, was loaded on the container roll valves and the air supply valves installed by the Plaintiff, which was connected with the instant air supply device.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1-2, Gap evidence 2, Gap evidence 3-1 through 4, the purport of the whole pleadings.

2. Assertion and determination

A. (i) The instant accident occurred due to the defect of the Plaintiff’s instant machinery, and the Plaintiff sustained damages equivalent to KRW 84,227,000 due to the defect.

Defendant Korean fishing is jointly liable for damages due to product liability, and Defendant A is jointly liable for damages due to non-performance of obligation.

Dor. The Defendants’ instant machines are not defective and lack of proof.

The instant accident is for the management of the Plaintiff.