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(영문) 수원지방법원여주지원 2017.10.25 2016가단52755
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. 9/10 of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

Reasons

1. Basic facts

A. The Plaintiff is a personal entrepreneur who is engaged in the business of manufacturing and supplying private advertising products and earthquake-proof products with the trade name of “B,” and the Defendant is a company that manufactures and sells industrial machinery.

B. On December 23, 2014, the Plaintiff entered into a contract with the Defendant to be provided by the Plaintiff with the Jinsung-type machine (hereinafter “instant machine”) in KRW 145 million (excluding value-added tax), and automatic setting presses (hereinafter “instant machine 2”) in KRW 125 million (excluding value-added tax), respectively (hereinafter “each supply contract”).

C. On March 15, 2015, the Defendant delivered each of the instant machines to the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2, 3 and 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant did not provide the Plaintiff with a operating manual and electrical circuit map of each of the instant machines, so the Defendant is obligated to compensate the Plaintiff for damages of KRW 11,541,160 (= KRW 7,416,160,125,000 for the total amount of KRW 11,541,160 (= KRW 7,416,160 for daily personnel expenses x 550,000 for each of the instant machines).

B. In each of the instant machines, there are defects, such as the fact that the machine stops in the middle and the fact that the machine stops at a certain distance, and the distance arises from a simple error, resulting in the creation of defective products, the distance of transfer, the poorness of convenience, etc.

Therefore, the Defendant: ① 3,239,019 of the defect repair cost of each of the instant machines; ② 1,375,000 won for damages incurred by the Plaintiff due to the Plaintiff’s failure to work during the defect repair period (2.5) (i.e., February 5) (i., 2.5 x 50,000 won for daily personnel expenses) and ③ each of the instant items.

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