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(영문) 서울중앙지방법원 2020.11.24 2019가단5218434
손해배상(기)
Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 12% per annum from October 1, 2019 to the date of full payment.

Reasons

1. Basic facts

A. On June 16, 2017, the Plaintiff entered into a contract with the Defendant for the manufacture and installation of a continuous multi-purpose, which is a facility for the manufacture of active carbon, and the period before and after the contract is as follows.

1) Public announcement of tender on June 12, 2017: On June 16, 2017, the public announcement of tender on June 12, 2017: The Defendant who made the tender by the closing date and the Defendant, the lowest bidder among the non-party C, as the successful bidder, shall be selected as the successful bidder: (a) the contract on June 16, 2017 and the modified contract on October 27, 2017, the Plaintiff and the Defendant entered into on June 16, 2017 (hereinafter “instant facilities”) with continuous multi-levels and water and water/industrial equipment (hereinafter “instant facilities”).

) As to the contract amount of KRW 92 million (including additional tax) and the contract term from June 16, 2017 to November 30, 2017, the contract was concluded for two years after the completion of inspection of the warranty period, and the said contract was accompanied by the detailed specifications of the instant facilities. The Plaintiff and the Defendant entered into a modified contract with the content that the contract period of the said contract was modified from June 16, 2017 to December 20, 2017 (hereinafter referred to as “instant contract”), including each of the aforementioned contracts, to the effect that the contract period was modified from October 27, 2017 (hereinafter referred to as “instant contract”).

(B) On December 19, 2017, the Defendant manufactured the instant equipment and completed the installation in the Plaintiff’s active carbon file multiple laboratories, and on the same day, the Plaintiff completed the inspection of the equipment and operated the equipment on the same day between one month and one month thereafter, and operated the equipment in full order for the production of active carbon from January 24, 2017. (C) In order to store fire-proof bricks for each part of the instant equipment, the support iron plates installed at the lower part, the revolving spaft installed at each part of the instant equipment, and the revolving wheel 400.

Since February 12, 2018, the type of irregular internal cargo made by mixing glabble repactor, fireproof aggregate and alinite cement, etc. installed by each unit of the instant facilities, shall be the type of irregular internal cargo made by mixing them.

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