(영문) 창원지방법원 2014.10.02 2014가단3910

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(영문) 창원지방법원 2014.10.02 2014가단3910

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

. Facts of recognition.

A. On November 28, 2012, the Plaintiff was operating Chang-gu, Chang-gu, Changwon-si B, and entered into a contract on the installation and supply of hot water season (hereinafter “the instant hot water season”) with the Defendant (hereinafter “instant contract”).

Delivery Date: 16,280,000 won (amount supplied to KRW 14,80,00,000, value added tax 1,480,000): 70% payment at the time of carrying out the equipment after the completion of the installation, and the items and specifications of the remainder payment after the completion of the installation: 300 tons at the time of carrying the equipment: 2,00,000 won at the time of the contract; 200 tons at the time of carrying the equipment: 300 tons at the time of the electric temperature (6.5 tons).

B. On January 2013, the Defendant completed the installation of two hot water pumps under the instant contract.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination on the cause of the claim

A. Of the Plaintiff’s assertion, one of the instant hot water season was installed and leakage occurred from one month after installation, and the Defendant was repaired several times, but the Plaintiff purchased and replaced another product on September 29, 2013, and installed another product.

Although water leakage occurred from October 2013, the remainder of the hot water season, the Defendant did not complete repair.

Therefore, the plaintiff terminated the contract of this case on the ground of the seller's warranty liability, and the plaintiff's business loss amount of 8,140,000 = from August 21, 2013 to the defendant as compensation for damages.

9. By the end of 29.39 days 】 six days 】 40,00 won and the sum of 16,280,000 won for two hot water seasons of this case and 25,640,000 won shall be claimed;

B. On the ground that water leakage occurred in the hot water season of this case due to Defendant’s production and installation negligence, the Plaintiff sought termination of the contract and compensation for damages. The evidence submitted by the Plaintiff alone is insufficient to recognize the above Defendant’s negligence, and it is unclear whether there exists any defect in the product itself.

Rather, the descriptions and images of the evidence Nos. 1 to 12 are as follows.

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