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(영문) 대구지방법원서부지원 2016.09.08 2014가단38573
손해배상(기)
Text

1. The Defendant’s KRW 65,133,184 as well as the Plaintiff’s annual rate from January 29, 2015 to September 8, 2016, and the following.

Reasons

1. Basic facts

A. On May 20, 2013, the Plaintiff entered into a contract with the Defendant for the production of steel structure (hereinafter “instant construction”) with the content that the Defendant ordered the Plaintiff to manufacture the steel structure (hereinafter “the instant construction”) for the instant complex development project ordered by Handok Tech Co., Ltd. (hereinafter “ Handok”) until December 30, 2013.

(hereinafter “instant supply contract”). (b)

On June 20, 2014, the Plaintiff drafted a modified contract with the Defendant to change the contract amount to KRW 1,207,700,000.

C. Meanwhile, on June 9, 2014, employees E of the Defendant’s employees C, Han-gu’s employees D and the elim plant Co., Ltd. (hereinafter “elim plant”) agreed to pay KRW 47,300,000 to the Defendant for the repair cost of the parts corresponding to the production errors, which occurred from the steel structure supplied by the Defendant, 33 manufacturing errors, 12 designing errors, and 1 installation errors. At the expense, 92,00,000 won occurred from the steel structure supplied by the Defendant.

However, on July 28, 2014, the Defendant paid KRW 47,000,000 out of the defect repair costs on behalf of the Defendant to the preferred plant where the Plaintiff repaired the defect.

E. On September 2, 2014, Han-do requested the Plaintiff to pay KRW 41,00,000 to the secondary steel structure repair cost requested from the preferred plant.

F. On October 31, 2014, the Plaintiff agreed to pay KRW 41,00,000 for the secondary defect repair cost in the milk plant until November 7, 2014, and KRW 49,000 for the third defect repair cost, respectively, after completion of repair work.

G. Accordingly, on November 2, 2014, the Plaintiff paid 41,000,000 won for repair of defects and 49,000,000 won for replacement of defects on December 22, 2014, respectively.

[Reasons for Recognition] contain facts without dispute, Gap evidence Nos. 1, 2, 5, 7, 8, 9, 12, and 18;

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