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(영문) 서울남부지방법원 2018.08.14 2018가합100411
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. The Plaintiff of the parties is a company established for the purpose of manufacturing and selling the power plant, and the Defendant is a company established for the purpose of sound location, distribution business, etc.

B. 1) On August 13, 2014, the Export-Import Bank of Korea (hereinafter referred to as the “instant project”) is an independent solar power generation project, an independent solar power generation project (hereinafter referred to as the “instant project”), among the EDF projects.

(2) The KT Co., Ltd. (hereinafter “KT”) specified the materials to be used for the instant project as solar energy exhausters (D; hereinafter “instant distribution”) produced by the Defendant, and was awarded a bid by participating in the second bidding on the instant project.

C. KT’s consultation on the instant distribution of the ship of this case 1) omit the entry of the “stock company” in the name of the company M&C, E, and MS batteries (hereinafter “stock company”).

B) Between the Plaintiff and the Plaintiff, discussed whether the instant subcontract was entered into with respect to the instant distribution of the ship (F, the representative director of E, was in charge of the instant distribution of the ship on behalf of LAWC on behalf of LAW.

(2) On December 16, 2014, G (a resignation from the Defendant on February 13, 2015, and entered the Plaintiff on February 15, 2015) that was an employee of the Defendant showed a written estimate of 2.60,00 won, volume, 6,206, per unit price as to the instant transfer of the instant ship to E.

3) On May 12, 2015, KT entered into a subcontract with D&C on the instant business. As to the instant allocation, 2.50,094 of the unit price was determined as KRW 2.50,000,09. Thereafter, the said contract was amended four times until August 25, 2017. The unit price for the instant allocation was maintained as KRW 250,000,000, and the quantity was changed to KRW 5,874,698, 3,284, 3,162 in sequence. 4) G was changed to KRW 5,874, 4,698, 3,284, 3,162 in sequence to F, the representative director of E, on May 20, 2015.

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