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(영문) 서울남부지방법원 2018.12.13 2017가합106221
손해배상(기)
Text

1. The Defendant’s KRW 237,437,200 as well as 6% per annum from August 25, 2015 to October 20, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of distributing and selling control devices and products with merit, and the Defendant is a company established for the purpose of manufacturing and selling valves.

B. 1) Co., Ltd. E (hereinafter “E”) between the parties

(1) On July 4, 2014, the Intervenor joining the Plaintiff (hereinafter referred to as “ Intervenor joining the Plaintiff”)

with respect to the F Project, the gas measurement system (hereinafter referred to as the “instant system”) shall be

(2) On January 20, 2015, the auxiliary intervenor ordered the Plaintiff on January 20, 2015, the 16th MOV Balve 1, 208 Musal Valve8, 268,00,000 won (excluding value-added tax) and the payment period on June 30, 2015.

(On the other hand, on June 30, 2015, the Plaintiff drafted an order on June 14, 2015 and June 30, 2015) with the same content as the payment period. 3) On January 20, 2015, the Plaintiff ordered the Defendant on January 20, 2015 the supply price of KRW 215,852,00 (excluding value-added tax) and the payment period of KRW 215,852,00 (excluding value-added tax) to the Defendant (hereinafter “instant contract”).

(4) Upon receipt of the goods listed in the separate sheet from the Defendant (hereinafter “instant valves”), the Plaintiff paid KRW 237,437,200,00 each to the Defendant on January 27, 2015, including KRW 71,231,160, June 25, 2015, KRW 118,718,60,600, KRW 10,000 on July 31, 2015, and KRW 37,487,440 on August 25, 2015.

5) The Plaintiff supplied the instant valves supplied by the Defendant to auxiliary intervenors. C. A supervision of the implementation of the Korea Gas Safety Corporation around July 2016 on the instant valves supplied by the Defendant was conducted with respect to the instant valves supplied by the Defendant. In the process, the Defendant forged a certificate of passing a design stage inspection without undergoing a normal inspection conducted by the Korea Gas Safety Corporation, and each of the instant valves is the national integrated certification marks (KC).

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