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(영문) 전주지방법원 군산지원 2018.02.08 2015가단54634
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is against the defendant (Counterclaim plaintiff), and 29,399.

Reasons

1. Case history

A. A. Around May 2015, the Plaintiff entered into a contract with the Defendant to set up and set up a low temperature warehouse, etc. necessary for the Plaintiff to engage in marina business in the name of Empt D located in Gunsan City (hereinafter “Emart”) (hereinafter “instant contract”).

B. On May 15, 2015, the Plaintiff paid the Defendant KRW 62,00,000,000 in total, as construction cost related to the instant contract, and KRW 18,000,000 on June 1, 2015, and KRW 14,000,000 on June 2, 2015.

C. The Defendant asserts that, on June 15, 2015, the construction work under the instant contract was completed in the first and second patrolmen, and in particular, the air conditioners located on the second floor among the facilities installed at the order of installation (hereinafter “the instant low temperature warehouses”) filed a claim on April 4, 2016 with the Defendant for the completion of construction work on June 18, 2015.

Whether a person asserts on June 18, 2016 at the time of completion of the entire construction works under the instant contract, or only the low temperature warehouse of this case after the completion of construction works, is unclear. However, according to the witness G’s testimony, the fact that the power distribution team replacement work, which appears to have been conducted after the installation of the low temperature warehouse of this case, was conducted from June 16, 2016 can be recognized. The fact that the high temperature was already stored in the low temperature warehouse of this case around June 18, 2015, Emaart open date, does not conflict between the parties.

Therefore, it seems reasonable to view the time of delivery of the low temperature warehouse of this case as the time of June 15, 2016.

After completion of construction work and trial operation, the Plaintiff was delivered, and the low temperature warehouse of this case was a model using three different kinds of electricity.

F From June 16, 2015, for a certain period of time, G of F installed a replacement of power distribution teams, such as the first floor metre part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time

On June 17, 2015, the low temperature warehouse of this case is late.

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