logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.04.26 2016가단342506
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 11, 2015, the Plaintiff entered into a contract with the Defendant for the manufacture and supply (hereinafter “instant contract”) of the water purification facilities (hereinafter “D”) from December 11, 2015 to February 20, 2016 for the production period of the instant facilities, from December 11, 2015 to February 20, 2016, for the contract amount of KRW 159,500,000 (including surtax) for the supply of the facilities to remove the products generated in the process of purifying sewage by Kuwait, a State-run enterprise.

B. On March 24, 2016, the Plaintiff and the Defendant deemed that it was unable to continue to carry out the production of the instant facilities under the instant contract due to the Defendant’s circumstances, and determined the amount of other settlement by March 26, 2016 as KRW 214,50,00 (including additional tax) and thereafter, the remaining construction works (including industrial processing, packing, shock, and painting) are carried out by the Plaintiff, and the Plaintiff agreed to pay KRW 55,00,000 to the Defendant by June 2016.

(hereinafter “Agreement on Settlement of Accounts of this case”). 【No dispute exists, Gap evidence No. 1, Eul evidence No. 1, and the purport of the whole pleadings

2. On the ground that there exist defects, such as surface processing, contacting, and poor water control, in the instant facilities supplied by the Defendant alleged by the Plaintiff, the Plaintiff incurred damages to the Defendant that incurred KRW 49,677,778, such as the purchase cost of alternative materials, labor cost, etc. in order to repair such defects, thereby seeking compensation for damages equivalent to the above amount.

Preliminaryly, according to the instant contract, the Plaintiff bears the amount equivalent to KRW 832,273, and KRW 85,800, and the fare of KRW 3,223,00,00, which the Defendant is obliged to pay to the Defendant. As such, the Defendant made unjust enrichment, the Defendant must return the said amount to the Plaintiff as unjust enrichment.

3. The fact that there are defects in the instant facilities only by the descriptions and images of Gap evidence Nos. 1 through 14 (including paper numbers), and the testimony of witness E, and thereby, the plaintiff suffered damages equivalent to the claimed amount.

arrow