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(영문) 울산지방법원 2017.06.14 2015나22762
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On August 13, 2012, the Plaintiff received a supply of and demand for the manufacture and installation of a performance test device for high-pressure and high-tension thermal power equipment in KRW 9,880,00,000 from the company engaging in the wholesale business of the machinery parts for power generation facilities, and the business of manufacturing and constructing new and renewable energy-related equipment.

B. On December 20, 2012, the Plaintiff entered into a contract with Defendant A, who operates “C” under which the Plaintiff produces and installs a compressed air supply device (hereinafter “instant air supply device”) that forms part of the device that the Plaintiff received and supplied, with the contract amount of KRW 62,70,000,000, up to March 5, 2013 (hereinafter “instant contract”).

The relevant provisions of the instant contract are as follows.

Article 2 (General Matters) 1) The specifications for technology and materials shall be produced and supplied in accordance with the specifications and drawings provided by the Plaintiff. 3) The Defendant A supplies the materials required for technical problems of the specifications and drawings provided by the Plaintiff under the responsibility of the Defendant A, even though they are not referred to in the order and drawings.

C. Defendant A requested Defendant EF fishing Co., Ltd. (hereinafter referred to as “Defendant EF fishing”) to manufacture and install 1 bit of the compact presses (MODEL HAHi-1430A) (hereinafter referred to as “instant machinery”).

The air supply system of this case was installed in B around November 2013.

E. On June 18, 2014, water leakage occurred in the instant machine, and damage the machine board and parts of the instant machine, and the water leakage was found in an accident that damages the devices, as the Plaintiff, connected to the instant air supply device, was loaded on the container roll valves and the air supply valves installed by the Plaintiff, which was connected with the instant air supply device.

(hereinafter referred to as the "accident of this case"). [The ground for recognition] The fact that there is no dispute, and the number of evidence Nos. 1, 2, and 3 is included in each number.

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