손해배상(기)
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On December 28, 2017, the Defendant agreed between the Plaintiff and the Plaintiff to supply servers at the site of installation works for solar power plants with the capacity of 239.7kwh, which the Plaintiff proceeds from the former Go Chang-gun Co., Ltd. in the 35.3 million won ( separate value added tax) between the Plaintiff and the Plaintiff, and supplied the said servers around April 2018.
B. The Plaintiff paid 3,8830,000 won (including value added tax) to the Defendant as the price for supply of the said server.
[Ground of recognition] Unsatisfy, Gap 1, 2, and 3 evidence, and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s alleged loss caused by the Plaintiff’s failure to perform its functions and defects that the Plaintiff supplied by the Defendant, and the Plaintiff was replaced by the Plaintiff due to the Plaintiff’s failure to recover the defect despite the Defendant’s repair. As a result, the Defendant is obliged to pay the Plaintiff the total amount of KRW 22,778,364, and KRW 3,8830,000,000,000 for the Plaintiff and KRW 3,8833,00,000,000,000 won due to the decrease in volume of power generation
B. According to Gap evidence Nos. 5-1 to 4, Gap evidence Nos. 6-1 to 1, 2, Gap evidence Nos. 7 through 9, 14, Gap evidence No. 17-1, and Gap evidence No. 17-18, and witness E's testimony, the defendant's repair was conducted several times after the 3 costs of the rabter supplied by the defendant were installed, and the 3 costs of the rabter are not operated simultaneously after the repair was completed, the plaintiff entered into a humanter supply contract with F Co., Ltd., and replaced the rabter without any particular problem after the rabter replacement. The power generation quantity of the solar power plant has been remarkably decreased from December 2, 2018 to April 2, 2019, but there is no dispute between the parties, or there is no reason for Gap's testimony and evidence No. 17 and evidence No. 183, the following evidence No. 17, each of the witness evidence No. 3.