손해배상(기)
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The Plaintiff was awarded a contract with the Plaintiff for the installation of the installation of the installation of the front and rear glass room (hereinafter “instant facilities”) among the assembly lines of the American factory B, the front and rear of the motor vehicle among the prefabricateds of the American factory.
On August 26, 2013, the Plaintiff entered into a contract with the Defendant (hereinafter “instant contract”) under which all the work relating to the electrical control unit during the said construction works is the contract amounting to KRW 230 million (excluding value-added tax) and the payment period on November 23, 2013 (hereinafter “instant contract”).
The contract of this case includes the provision on compensation for losses (Article 12) to the effect that the Plaintiff’s partner should compensate for the amount of losses calculated according to the Plaintiff’s standards for compensating for the Cirree in cases where the production was not performed normally due to the Defendant’s defect after the delivery of this contract.
However, since January 1, 2014, the Plaintiff entered the program produced by the Defendant and operated the instant facility, but failed to work properly due to excessive load, etc. on February 15, 2014, and the Plaintiff was due to the suspension of operation of the instant facility, which occurred on January 3, 2014, January 3, 2014, January 4, 2014, and January 6, 2014, as to the suspension of operation of each of the instant facilities that occurred on January 6, 2014, USD 280,627.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4, Gap evidence 5-1, Eul evidence 1-3, the purport of the whole pleadings
2. The plaintiff alleged that the facility of this case was not operated properly due to the defendant's defect in the product, and due to that, it was caused by the car from Abane. Thus, the defendant asserts that the plaintiff is liable to pay the plaintiff the damages under Article 12 of the contract of this case, which is the amount equivalent to the above Cirree, KRW 304,000,000, and the damages for delay.
In this regard, the defendant is scheduled to install the facility of this case due to the defect or delay in the construction of machinery and equipment that the plaintiff was responsible for.