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(영문) 수원지방법원안양지원 2017.05.17 2016가단102601
손해배상(기)
Text

1. As to the Plaintiff’s KRW 8,304,00 and KRW 1,804,00 among them, the Defendant shall pay to the Plaintiff KRW 6,50,000 from August 5, 2015.

Reasons

1. On July 2015, the Plaintiff entered into a contract with B (hereinafter “B”), and C Co., Ltd (hereinafter “C”) with B (hereinafter “P3PE REL”) for a PLC control device replacement contract (hereinafter “PM3 construction”) and “PM4 PED LINE production contract” (hereinafter “PL4 construction contract”).

The Plaintiff and B set the subcontract price of the PM3 construction as KRW 68 million, and the subcontract price of the PM4 construction as KRW 27 million.

On July 24, 2015, the Plaintiff paid the Defendant KRW 1,804,00 as the down payment, on August 5, 2015, KRW 1,804,000, the term “the instant contract” (hereinafter “instant contract”).

On the other hand, on August 18, 2015, the Plaintiff re-subcontracted the PM4 construction work to Simcom Engineering Co., Ltd. (hereinafter “Simcom Engineering”) at KRW 60 million.

On October 19, 2015, the Defendant planned to proceed with the instant work from 08:00 to 23:00, and during the work, the paper production process of the said factory related to the PM3 construction was suspended.

As part of the instant work on October 19, 2015, the Defendant replaced the PLC (Control Devices) of PM3 POPE REE as part of the instant work, but the above PLC was not operated properly as a result of the start of the work.

When the defendant did not grasp the cause of the work and delayed work, the restoration key to the original use shall be the PLC, and the defendant completed restoration work on October 20, 2015.

However, the above PLC did not work properly, and as a result of the inspection, it was confirmed that the defendant mistakenly connected the relevant ship, and the above PLC was resumed at around 07:00 on the same day.

C due to the foregoing accident, on October 30, 2015, cancel the above PM3 Project and PM4 Project Agreement to B.

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