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(영문) 서울중앙지방법원 2013.10.11 2012가단5086607
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 46,331,700 and interest rate of KRW 20% per annum from August 9, 2012 to the day of complete payment.

Reasons

1. Basic facts

A. For the safe preservation of important records, the Plaintiff entered into a sales contract on November 23, 2010 with the Defendant (i.e., the Defendant, who was a supplier of medicines for disinfection of records, to purchase 37,78,000 won of solid disinfection chemicals (hereinafter “instant disinfection chemicals”). On December 27, 2010, the Plaintiff paid the Defendant the price in full and received supplies from the Defendant for the instant disinfection chemicals around that time.

B. At the time of the instant contract, the Plaintiff stipulated the purpose, ingredients, disinfection effects, etc. of the paper disinfection chemicals in accordance with the specifications and specifications of materials for disinfection treatment (hereinafter “the instant specifications”) and demanded a test report, etc. issued by an authorized testing institution, such as the Han-gu Chemical Convergence Testing and Research Institute (hereinafter “KTR”) on disinfection effects. The main contents of the instant specifications are as follows.

(1) Medicines use: (2) Medicines ingredients for disinfection treatment of paper records, relics, etc.; (3) disinfection effects must be harmful to the human body; (4) disinfection effects must be conducted without any environmental pollution; (5) 100% of microbes (Sitophilusororyza L.); (4) disinfection agents’ stability should not be carried out for 2 hours after disinfection; and (4) disinfection agents’ safety should not cause two hours after disinfection; and there should not cause any deterioration of the results of a physical properties change test of paper records such as internal strength, seal strength, heat strength, white color, and pH; (5) disinfection methods do not have any sediment phenomenon caused by direct contact with records; and (6) Other disinfection methods do not have any defect due to the operation of equipment owned by the National Archives and equipment for disinfection treatment; and (6) disinfection methods do not have any defect due to the operation of the equipment operated by the National Archives.

C. Accordingly, the Defendant is KTR and Chungcheongnam-Nam University regarding the instant disinfection medicine.

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