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(영문) 부산지방법원 2017.10.18 2016나51276

손해배상(기)

Text

1. All of the selective claims that have been changed in exchange in the plaintiffs' appeal and trial are dismissed.

2. Appeal;

Reasons

1. The reasoning for this part of the reasoning is as follows: (a) the court’s deletion of evidence Nos. 2, 3, and 4 from the basic facts of the judgment of the court of first instance, as stated in the corresponding part of the reasoning of the judgment of the court of first instance, except for the deletion of evidence Nos. 2, 3, and 4 from among the basic facts of the judgment of the court of first instance; and

2. The permission drawings, which are the drawings presented by the Defendants, are marked with air conditioners and electric air conditioners in the G Complex system of this case, and the supply contract of this case includes air conditioners and electric air conditioners, but the completion drawings were deleted, and no air conditioners and electric air conditioners were installed in the system.

As the permit drawing is incorporated into the content of the supply contract pursuant to Article 14(1) of the supply contract of this case, the permit drawing shall be the basis for determining the nonperformance of obligation according to the intent of the parties. Even if not, unlike the permit drawing of the G complex of this case, the completed drawing, which removed the air conditioner and the electric temperature water system differently from the permit drawing of the G complex of this case, is an unlawful design modification without the consent of the buyers, and thus, the permit drawing, including the air conditioner and the electric temperature water system, is the content

Therefore, the Defendants jointly compensate the Plaintiffs for damages arising from nonperformance due to nonperformance due to the failure to install the system of the instant G Complex and the electric net temperature water season, or from illegal modification of design that prevents the use of the system and the electric net temperature water system, each of which is 9,754,443.

3. Judgment on claim for damages due to default on the sales contract

(a) The seller’s default liability or warranty liability in a drawing which serves as a basis for determining whether a contract for sale in lots is not performed shall be held by a special agreement between the parties concerned or shall normally meet the transaction standards, etc. under the relevant laws;