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(영문) 부산고등법원(창원) 2015.07.23 2014나2160

손해배상(기)

Text

1. The cancellation of the part against Defendant Co., Ltd. in the judgment of the court of first instance, and amounts to the cancellation part.

Reasons

1. Basic facts

A. On March 1, 2008, the Plaintiff entered into a contract with the Defendant A, who is engaged in the business of manufacturing and installing cream with the trade name of “F,” under which the Plaintiff entered into a contract with the Defendant to purchase one set of 50 tons of the cream (50 tons of the rated load, hereinafter “instant cream”) at the contract price of KRW 181.7 million (excluding value-added tax) and on May 30, 2008.

B. Under the above contract, Defendant A completed the installation of the instant lifts in the Plaintiff’s factory in line with the payment date, and the straws used as parts of the instant straws (hereinafter “the instant straws”) were manufactured in the Defendant Co., Ltd.’s Sung Machinery Co., Ltd. (hereinafter “maid machinery”) around March 10, 2008 and supplied them to Defendant A.

(other than the goods of the owner's specifications, standard products) c.

In June 2008, the Plaintiff entered into a contract between “B” and “B to supply vessel engine block (hereinafter “instant vessel engine block”) with material for free and 85 million won, and completed the instant vessel engine block processing at the Plaintiff factory in accordance with the said contract. On September 15, 2009, the Plaintiff entered the instant vessel engine block processing at around 11:08, with a view to carrying the instant vessel engine block onto the instant vehicle for transporting the instant vessel engine block. During the period when the Plaintiff was loaded into the instant brigade to load the instant vehicle for transporting the vessel engine block, the sawr’s saw, which was a part of the instant heading, destroyed and drained, was connected to the end of the wind flowing down below the lower end.

(hereinafter “instant accident”). D.

이 사건 사고로 인하여, 추락한 이 사건 선박엔진 블록과 그 밑에 설치되어 있던 원고의 가공장비인 테이블, 베드에 크랙(금)이 생기거나 움푹 파이는 등의 피해가 발생하였고, 동일한 가공장비인 레벨링블록이 파손되었다.

【Ground of recognition】 dispute.