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(영문) 대구지방법원 2014.07.25 2013가합8643
손해배상(기)
Text

1. The Defendant’s KRW 162,840,00 for the Plaintiff and 6% per annum from September 11, 2013 to July 25, 2014.

Reasons

1. Basic facts

A. The Plaintiff’s construction and sale of the Plaintiff’s factory 1) Plaintiff (former trade name: Consideration Bosch Rexroth Co., Ltd.) is a factory (hereinafter “instant factory”) on the ground of 1107-2 square meters of land for factory in Chungcheongnam-gun, Chungcheongnam-do, Gyeongcheon-do, Gyeongdong-gu, Gyeongcheon-do.

A) On January 27, 2011, when the construction of the Gyeongjin Industry Co., Ltd. (hereinafter referred to as the “Gyeongjin Industry”) was being carried out.

(2) On March 11, 201, the Plaintiff sold the instant factory to Jinjin Industry, and completed the registration of ownership transfer concerning the instant factory on March 24, 201.

B. Defendant’s sand name plate sales 1) The Defendant and the Plaintiff’s sand name plate sales contract (hereinafter “instant contract”) with respect to the Plaintiff and his sand name plate (100T per roof straw, 75T per annum of walls, W-50 studs 75T of walls, and W-50 studs 75T)

A) Around December 18, 2010, the Plaintiff supplied the said sand position plate to the Plaintiff. (2) The Plaintiff constructed the instant plant by using the sand position plate supplied by the Defendant. (3)

C. The plaintiff filed a lawsuit against the plaintiff by asserting that the plaintiff is liable for warranty against defects in the factory of this case (Seoul District Court 201Gahap3460), and the defendant participated in the lawsuit as the supplementary intervenor of the plaintiff during the proceedings of this lawsuit. On November 1, 2012, "In comparison with design drawings, specifications, etc., the factory of this case does not meet the combustibility performance standards stipulated in the Ministry of Land, Transport and Maritime Affairs, and there are various voluntary construction and non-construction parts, such as the construction of the factory of this case does not meet the dive performance standards stipulated in the Ordinance of the Ministry of Land, Transport and Maritime Affairs, and there are defects equivalent to 200,160,000 won in total of the cost of repair of the sand position panel, and thus, the plaintiff has the obligation to pay damages for delay from March 25, 2011 to 200,160,0000 won per annum."

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