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(영문) 수원지방법원 2015.04.24 2013가합17981

손해배상(기)

Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim Plaintiff) KRW 45,515,692 and the Defendant (Counterclaim Plaintiff) from September 17, 2013 to April 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The pertinent Plaintiff is a company established for the purpose of manufacturing fire-fighting and automated fire detection equipment, and Defendant A is an individual entrepreneur who develops and supplies a mid-term meter and monitoring system with the trade name of Defendant C.

B. (1) On February 11, 2010, the Plaintiff entered into a contract with Defendant A, under which the Plaintiff entered into a contract with the head of Seowon Co., Ltd. (hereinafter “SB”) to improve the fire extinguishing equipment monitoring system for the construction of automatic fire extinguishing equipment in the old-U.S. LG factory prior to the display display (hereinafter “SB”) and the construction period shall be KRW 110 million for the construction cost to Defendant A; and the construction period shall be from the date of the contract to May 30, 2010 for each contract (hereinafter “instant contract”).

(2) On February 12, 2010, Defendant B prepared a financial guarantee statement stating that “(ju) GDS Engineering Gu LGS Engineering (U.S. LGS) monitoring contract deposit contractors KRW 22,00,000,00, and (C) joint and several liability at the time of failure to perform the contract, and the above fact is not distorted, and if there is a problem due to a subsequent case, the guarantor, etc. will be legally liable, and the guarantor, etc. will be held legally liable.”

(3) The Plaintiff paid Defendant A a total of KRW 82,50,000,000,000,000,000 for the construction cost of the instant previous contract, on February 20, 2010, KRW 36,30,000,000 for the intermediate payment on April 30, 201, and June 25, 2010, KRW 1,000,000 for the remainder on February 25, 201, and KRW 11,50,000 for the remainder on June 9, 201.

(4) The Defendant A developed a heavy meter and program capable of realizing the fire extinguishing monitoring system, installed a relay system in each fire extinguishing equipment in the old and previous factory, connected the key instruments by wire, and carried out the construction by installing a monitoring program. The error in the mid-term meter and program installed even after the completion of the construction.