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(영문) 대구지방법원김천지원 2019.08.14 2018가단35734

손해배상(기)

Text

1. The Defendant’s KRW 30,756,043 as well as the Plaintiff’s annual rate of 5% from August 12, 2016 to August 14, 2019, and the following.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged in full view of Gap evidence 1, 2, and 3, Gap evidence 4-1, 2, Gap evidence 5, Gap evidence 6-1, 6-2, and witness D, E, and F's testimony as a whole.

Plaintiff

The term “Plaintiff” is not distinguished from before and after the commencement of rehabilitation procedures and the process of taking over a lawsuit by the Plaintiff. The Plaintiff contracted the export packing business for H’DPE Machine machinery (hereinafter “the instant machinery”) from G Co., Ltd. (hereinafter “G”), completed the export packing business for the instant machinery, and subsequently, performed the commercial work to load the machinery in containers on August 12, 2016 by taking possession of the Plaintiff’s factory at the Plaintiff’s factory at around 10:10.

B. During the commercial caring work, F, the Plaintiff’s factory head, moved the instant machinery to a factory to cut off it into a container and re-scriptive work. Before carrying out the packing work, the Defendant carried the instant machinery into the shop and moved it to the site before carrying out the packing work, and even in the City/Do of the commercial caring work, the instant machinery was destroyed as the instant machinery fell into the floor and was destroyed as the instant machinery was cut back to the floor.

(hereinafter referred to as “instant accident”). C.

G entered into an insurance contract with I, and I, after examining the amount of damages related to the instant accident, paid KRW 139,291,588 insurance proceeds to G on June 28, 2017, and filed a lawsuit against the Plaintiff for indemnity amounting to KRW 139,291,58, and on September 13, 2018, the Seoul Central District Court sentenced the Plaintiff to “the Plaintiff shall pay KRW 139,291,58 to I, and delay damages therefrom” on September 13, 2018.

G upon deduction of KRW 13,171,480 from the price of goods to be received from H Co., Ltd. in relation to the instant accident, G filed a claim against the Plaintiff. On January 18, 2017, the Plaintiff is subject to value-added tax at the expense of Do expenses in G.