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(영문) 인천지방법원 2019.05.30 2018가합54759
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 477,416,030 and the interest rate of KRW 15% per annum from May 15, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On January 19, 2016, the Plaintiff requested the Incheon Regional Government Procurement Service to purchase metal products of class 2 of energy consumption efficiency for the new construction of B elementary school by payment, and the Incheon Regional Government Procurement Service entered into a purchase contract (hereinafter “instant contract”) with the Defendant with a total amount of KRW 262,265,250 (including fees) as indicated in the following table, according to the said purchase request.

Since then, according to the Plaintiff’s design change, the instant contract increased to KRW 266,258,340 on July 1, 2016, according to the Plaintiff’s total contract amounting to KRW 266,258,340, depending on the actual supply weight, the final change was made in KRW 264,027,030 on August 12, 2016.

B. In accordance with the instant contract, the Defendant: (a) received the price for installation and payment by delivering a title at the site of the New Airport Construction Project at B elementary school; (b) thereafter, it was found that the windows installed by the Defendant, which were actually supplied and installed by the Defendant, were class 3 windows, not class 2

C. On September 18, 2018, C, the actual operator of the Defendant, supplied and installed at the site of Grade 2 as if he/she was the second class 3 creative housing, even though he/she had to supply the energy consumption efficiency grade 2, including short heat materials, and then acquired a total of KRW 2,439,163,330 as the price for creative housing from the Victim Public Procurement Service for the purpose of receiving a total of KRW 2,439,163,30 as the price for creative housing from the Victim Public Procurement Service, he/she was sentenced to a suspended sentence of three years, etc. for one year and six months (Seoul District Court Daejeon District Court Decision 2017DaMa910), C, dissatisfied, and appeal, and the trial at the appellate trial is in progress.

(The grounds for recognition) / [The Daejeon District Court 2018No2890] / [Ground for recognition] / The fact that there is no dispute, Gap Nos. 1, 9 (including a branch number; hereinafter the same shall apply), Eul's entry in the evidence No. 10, and the purport of the whole pleadings.

2. Determination on the defense prior to the merits

A. The period of warranty liability of the contractor under the Defendant’s assertion contract is one year from the date of receiving the object.

(Article 670 of the Civil Act) The instant contract constitutes a contract agreement.

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