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Reasons
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(영문) 창원지방법원 진주지원 2018.10.24 2017가합10155
손해배상(기)
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1. The Defendant’s KRW 514,231,410 as well as the Plaintiff’s annual rate from September 26, 2017 to October 24, 2018, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a contract for the supply of goods between the Defendant and the Daejeon Local Government Procurement Service (hereinafter “A”) with respect to the “E Corporation” of the D members of the Chungcheongnam-nam Budget-gun, the Intervenor A (hereinafter “A”).

(2) The Plaintiff, as an end-user institution, requested the Public Procurement Service to conclude a contract for the production and supply of sewage pipes required for the construction of sewage pipes among the construction works (hereinafter “instant construction”).

3) Daejeon Local Government Procurement Service (hereinafter referred to as the “Government Procurement Service”).

() On April 14, 2014, the Defendant and the Defendant “Neluene, CIC3pe200, multiple walls, 200m, 200m, 2,472m”, “Peluene,” “PIC3pe300, multiple walls, 300m, 5,130m” (hereinafter each “200m pipe”) and “300m pipe,” and “the instant sewage pipe.”

) As to the supply, an end-user institution entered into a contract for goods supply with the Plaintiff and the delivery deadline of KRW 180,837,360 on December 31, 2015 (hereinafter “instant contract”).

B) B. The Defendant supplied the Plaintiff and the Intervenor’s Intervenor’s supply of the instant sewage pipes 1,842m in 200m, and 4,482m in 300m, at the request of the Plaintiff and the Intervenor’s Intervenor from June 18, 2014 to June 24, 2015.

2) The Intervenor’s Intervenor was paid KRW 153,147,510 as the instant wastewater pipe supplied by the Defendant from August 2014 to August 2015. 3) The Defendant was paid KRW 153,147,510 for the supply of the instant wastewater over four occasions from October 29 to September 14, 2015.

C. On October 2015, the 1st defect discovery and repair process of the instant sewage pipe 1) the Plaintiff’s Intervenor, while taking CCTVs for construction inspection, discovered any defect in which the internal finishing materials were left or removed from the part of approximately 300 meters of the instant sewage pipe. 2) The Defendant entered into a contract with F on December 10, 2015 for the service contract for the instant sewage plant with F on the part of F, and F, with the CIPP method (Reinforcement method, and with the rupture balance).

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