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(영문) 서울동부지방법원 2015.11.03 2014가단31791
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was a corporation with the objective of manufacturing and selling bridge products and road products and construction business, etc., and was subcontracted by Korea Highway Corporation on November 10, 2008 (hereinafter “Korea Highway”) with construction works for installing 5 sections soundproof walls among the “B Expansion Corporation” contracted by Korea Highway Corporation (hereinafter “Korea Highway Corporation”).

(hereinafter “instant construction project”). B.

On the other hand, on June 1, 2007, the Defendant entered into a contract with Espox (hereinafter “Spox”) to sell PC-HET produced by Espox as the total market of Espox, and PMA MMA SHET soundproof product.

C. Around December 2008, the Plaintiff entered into a contract with the Defendant on the supply of soundproof board products produced by Espox. Accordingly, from December 2008 to June 2010, the Plaintiff supplied Espox products produced by Espox from the Defendant to Espox and completed the installation of soundproof walls.

However, as a result of the audit by the Board of Audit and Inspection, it was pointed out that 10,182 square meters out of the B extended construction sections were constructed as inferior materials, and among them, the amount of transparent soundproof board constructed by the Plaintiff was 3,136 square meters.

E. On February 24, 2012, the Korea Highway Corporation issued a notice to the Korea Highway Corporation on May 10, 2012, stating that “The main function of soundproof facilities shall be deemed to have no problem as a result of its review of the plan for measures submitted by Hanra,” and that “the Korea Expressway Corporation shall recover the amount of low-level printing expenses by taking into account the large number of inconvenience, social, economic losses, etc. of customers who use the reconstruction at the time of reconstruction,” and paid KRW 426,59,000,000, which is the area pointed out as a result of the audit by the Board of Audit and Inspection by April 30, 2012.” Accordingly, the Korea Expressway Corporation paid KRW 426,559,000,000, which is the area pointed out.

(f) Korea:

After paying the money, it is a subcontractor for each section of Section 1.

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