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(영문) 대전지방법원 2018.09.06 2016가단223736
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 46 million, and with respect thereto, 5% per annum from September 22, 2016 to September 6, 2018, and from the next day.

Reasons

1. 인정되는 사실 원고는 전기 공사업 등을 주목적으로 사업을 영위하고 있는 회사이고, 피고는 변압기 제조 및 판매업을 주목적으로 사업을 영위하고 있는 회사이며, 주식회사 알루코(변경 전 상호: 주식회사 동양강철, 이하 ‘알루코’)는 알미늄 압출형재 및 샷시제작 판매업 등을 주목적으로 사업을 영위하고 있는 회사이다.

On August 2014, the Defendant manufactured and sold 250KVA 2290-3300V hydrotensions (hereinafter “instant transformers”) at the request of the Plaintiff at KRW 21,200,00,000. The Plaintiff, who was supplied by the Defendant from around early August 2014, installed electrical construction at the alluco 3 factory substations.

From August 11, 2014, the day following the day on which the Plaintiff installed the instant transformers, which occurred at the place of installation due to the breakdown of the instant transformers (hereinafter referred to as “first breakdown”). After that, on August 18, 2014, the Defendant recognized the manufacturing defect of the instant transformers, and repaired and sent it to the Plaintiff, and then re-established the instant transformers at the same place as before October 17, 2014. After the first breakdown, the Plaintiff leased the transformers from A and installed the Alluco factory during the repair period. However, the instant transformers re- installed by the Plaintiff were re-established from February 14, 2015 to February 14, 2015 (hereinafter referred to as “second breakdowns”).

Accordingly, in order to preserve evidence in order to file a lawsuit against the Defendant seeking compensation for damages incurred by the Plaintiff due to the breakdown of the transformation machine of this case that the Defendant manufactured and supplied, the Plaintiff filed an application for preservation of evidence with the Daejeon District Court 2015Kaga10073 on May 8, 2015, and transferred the transformation machine of this case to the Defendant factory after removal in the procedure for preservation of evidence.

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