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(영문) 청주지방법원충주지원 2013.11.28 2013가합34

손해배상(기)

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 118,100.

Reasons

Basic Facts

On April 12, 2011, the Plaintiff entered into a contract with the Defendant for “B improvement” (including value-added tax) to improve the part of the Plaintiff’s slaughter equipment to process the removal of hairs from the surface by slaughtering pigs (hereinafter “instant construction”). The Defendant commenced the instant construction on April 15, 201 and completed the construction on July 201.

On the other hand, the provisions related to the warranty liability of the construction of this case are as follows.

Article 8 [Liability for Warranty] (1) B (the defendant; hereinafter the same shall apply) shall be liable for warranty against damage, destruction, performance, and other defects of the object of the construction to Gap (the plaintiff; hereinafter the same shall apply) for 12 months after delivery.

(3) Where any defect has occurred in the object, Eul shall repair it at its own expense within the date designated by Gap, and compensate for the damages caused thereby.

During the construction of the instant construction, the Plaintiff additionally contracted ten production and installation of 10,000 won for the Defendant, including the production and installation of 22,00,000 won for pigs (a apparatus moving track in the state of spreading one back bridge of pigs) and 1.1 million won for each additional construction. At that time, the Defendant completed the said additional construction.

The Plaintiff paid to the Defendant KRW 5 million on April 28, 201 as the instant construction and additional construction cost, KRW 60 million on May 19, 201, KRW 50 million on June 1, 2011, KRW 50 million on September 7, 2011, KRW 50 million on September 7, 201, KRW 20 million on September 9, 201, and KRW 235 million on September 201.

[Ground of recognition] The Plaintiff’s assertion as to the main purport of the pleading as to the Plaintiff’s assertion of facts without dispute, Gap’s evidence Nos. 1 and 2, and Eul’s evidence Nos. 8 (including numbers, if any, if any; hereinafter the same shall apply), and the entire purport of the pleading, agreed to install spaws per hour with slaughter facilities after completing the construction of the instant case, or agreed to install spaws per hour to treat pigs of 200 heads of pigs with slaughter facilities.

Since it is unclear that the cause of the plaintiff's claim is unclear, this is the same.

However, this shall not apply.