(영문) 서울동부지방법원 2015.02.03 2013가단12991

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(영문) 서울동부지방법원 2015.02.03 2013가단12991

손해배상(기) 등

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1. The Defendant shall pay to the Plaintiff KRW 21,897,345 as well as 20% per annum from February 4, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operates reverse processing sales business in the name of "D" in Jeonnam-gun, Jeonnam-do, and the Plaintiff is a person who manufactures and sells dry machinery in the trade name of "E".

B. On July 17, 2012, the Plaintiff entered into a contract with the Defendant on September 15, 2012, with the effect that, by September 15, 2012, the Defendant shall pay KRW 90 million to the Plaintiff for each of the following: (a) the 1 set of heat pressure-building machinery for the construction of a re-fluoring with the Defendant’s factory; and (b) the 1 set of the 1 set of the 1 set of the 1 set of the 1 set of the 1 set of the 1 set of the 1 set of the 1 set of the 1st unit of the heating medium, and the 1,000,000 won of the 30-day deposit of the contract deposit to the Defendant; and (c) the remainder of KRW 30 million,00,000,000,000 to be paid within three days after delivery and trial; (d) the Plaintiff decided to delay the Plaintiff’s total amount corresponding to 100/100 of the contract.

C. However, even though the Plaintiff agreed to perform the floor reinforcement works for the installation of the instant machinery at the time of the instant contract, the Plaintiff failed to perform them, and the Defendant performed the floor reinforcement works on behalf of the Plaintiff, and completed the installation of each of the instant machinery around November 4, 2012.

From the date of the instant contract to October 15, 2012, the Plaintiff paid the Defendant a total of KRW 80 million as the instant mechanical cost.

E. However, the drying machine installed by the Defendant was unable to control the internal pressure below the atmospheric pressure, and was not equipped with the performance as a studr, and there is a defect in the circular and exhaustr apparatus, and the Plaintiff was unable to build the studr. Since November 20, 2012, the Plaintiff requested the Defendant to repair and repair the instant machine.

F. However, the defendant shall raise an objection.

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