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(영문) 전주지방법원 2018.10.12 2017나8664
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. The reasoning of the court's explanation concerning this case is as follows: (a) deleted the part of the 8th judgment of the court of first instance regarding the overall defense of the 17th and 19th judgment; and (b) it is identical to the reasoning of the judgment of the court of first instance, except for addition of the judgment as described in paragraph (2) below with regard to the matters for which the plaintiff asserts in the trial of the court of first instance, and thus, (c) thereby

2. Additional matters to be determined;

A. A. Around August 2011, Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) entered into a contract with the Plaintiff to repair the defects and install additional facilities (e.g., the specifications amounting to KRW 25 million and KRW 5.5 million) (hereinafter “the instant additional installation contract”) (hereinafter “the instant additional installation contract”) around April 201, the Plaintiff and the Defendant Co., Ltd entered into an agreement with the Plaintiff and the Defendant Co., Ltd (hereinafter “Defendant Co.”), with the cost of KRW 50 million to bear half the costs. The Plaintiff paid KRW 10 million to the Defendant Co., Ltd. as the said cost.

However, even after the Defendant Company performed construction under the instant additional installation contract, it did not work properly the instant screening period, and the Defendant Company did not install additional facilities such as brine and gygras. Thus, the Defendant Company and the Defendant Company’s employees jointly and severally to the Plaintiff as compensation for damages in lieu of incomplete implementation of the instant additional installation contract or defect repair for the instant screening period (i.e., KRW 30,500,000,000 on the specifications of supply for the instant additional installation contract) or at least KRW 8,40,00 [the cost of KRW 40,00 (the cost of the instant additional installation contract claimed by the Defendant Company) x 46% (the total supply specifications for the instant additional installation contract 6,605,00,000,000 won and KRW 3,50,050,000,000,000 won).

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