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(영문) 서울중앙지방법원 2018.09.06 2018나5873
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On August 2016, the Plaintiff entered into a contract for the supply and installation of air conditioners (hereinafter “instant supply contract”) with the Defendant to the system that received KRW 15,219,000 from the Defendant for the supply of air conditioners at KRW 15,219,00, and the written estimate sent by the Defendant to the Plaintiff by e-mail in the process of entering into the instant supply contract is “other matters” in the “other matters” column for “1. Electric construction (excluding indoor short circuit, indoor short circuit, KRW 220 V, KRW 380 V, and the installation of electric power circuit at KRW 380,00).

2. Exclusion from ceiling-type indoor equipment, ceiling-type indoor decorations, and inspection equipment (the division of interior works);

3. Exclusion from the installation of an outdoor floor studios;

4.Individually control shall be a radio-tegrative standard and central control shall be excluded (except for filled-out pipes when using an excursion ship/ferry consortium).

B. The Defendant supplied air-conditioners to the Plaintiff around that time in accordance with the instant supply contract. The Plaintiff supplied the Defendant with air-conditioners as part of the price of the instant supply contract, which was KRW 7,00,000,000, and the same year.

9. 13. 6,000,000 Won in total.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, 9 through 11, 13, 14, 16 (including additional numbers), Eul evidence 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff was supplied with air-conditioners from the Defendant pursuant to the instant supply contract and installed in Papua New Airport. However, the air-conditioners supplied by the Defendant were completely broken down because the air-conditioners supplied by the Defendant were not for export purposes.

Since the Defendant knew that the air condition supplier ordered by the Plaintiff was installed in Papua New Airport, the Defendant supplied the content of the plant to the Republic of Korea, which is not a national content, by intention or gross negligence, and caused defects in air conditioners.

In addition, the frequency of domestic air conditioners (60Hz) is different from the frequency of air conditioners (50Hz) used in Papua New Airport.

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