손해배상(기)
1. As to KRW 476,97,525 and KRW 94,892,246 among the Plaintiff, the Defendant shall be from November 19, 2015 to the day of full payment.
1. Facts of recognition;
A. The Plaintiff is a person operating a Pacifica farm in the Gyeong-gun B, Gyeongnam-gun B (hereinafter “instant farm”). The Defendant is a company running a wholesale and retail business of heating and cooling equipment, installation and maintenance, etc.
B. The Plaintiff, while operating a Pacific farm of approximately 1,800 square meters, newly operating the instant farm from around August 2014 to around 4,600 square meters. Around October 2014, the Plaintiff heard the horses that “if the heating and cooling equipment manufactured and supplied by the Defendant is installed in the instant farm, the electricity charge may be reduced to KRW 50 million per annum,” and on October 21, 2014, the Plaintiff entered into a contract with the Defendant for the supply of goods (hereinafter referred to as “instant machinery”) with the Defendant at KRW 525,00,000 per annum, which the Defendant produces and sells 30HP (Trapp) six vehicles (hereinafter referred to as “instant heating and cooling equipment and its accessory equipment combined with the above heating and cooling equipment and its accessory equipment”).
C. According to the instant contract, the instant machine is in place of the automatic control system linked to the environmental control system already installed in the instant farm (hereinafter “instant system”). Such automatic control system is a device that maintains the internal temperature of the instant farm at a certain level that is suitable for the Pacific growth by measuring the temperature inside and outside the vinyl of the instant farm, and automatically operating the heat generator depending on temperature changes.
The instant machinery was installed at the instant factory on December 28, 2014, around one month after the date of installation agreed upon in the instant contract (within five weeks from the date of conclusion of the contract), and the Plaintiff used the said machinery to cultivate spatha in the instant farm from January 2015. As a result of using the said machinery, the Plaintiff operated the instant machinery directly in manual and temperature.