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(영문) 창원지방법원 2018.11.15 2017나57919
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

Reasons

The court's explanation of this case shall be set forth in Article 2-B of the reasoning of the judgment of the court of first instance.

Inasmuch as the reasoning of the judgment of the court of first instance is the same as indicated below, this part of the judgment is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. The Plaintiff’s assertion within the scope of liability for damages is unable to supply electricity to the factory building of this case because the Plaintiff was unable to have been transferred the water transformation equipment of this case from the Defendant. The Defendant is obliged to pay the Plaintiff the total cost of KRW 93,852,00 (i.e., cost of electrical construction construction cost of KRW 78,40,000 for design cost of KRW 5,50,000 for supervision cost of KRW 1,50,000 for 5,000 for 1,50,000 for 1,000 won for electrical construction cost of KRW 94, for the purpose of calculating the new durable years due to nonperformance of obligation (see, e.g., Supreme Court Decision 98Da94994, supra).

In light of the above legal principles, at the time of concluding the instant sales contract, the Defendant used the instant water transformation equipment to the Plaintiff for electricity in the instant factory building.

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