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(영문) 부산지방법원 2018.02.21 2016가단312796
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

1. Facts of recognition;

A. The party-related Plaintiff is a company operating marine transportation business, etc., and is the owner of “B” No. B (hereinafter “instant vessel”) installed with the engines as shown in the separate sheet as shown in the separate sheet (hereinafter “instant engine”). The Defendant is a company operating the vessel’s engine and the repair business of parts, etc., which was entrusted by the Plaintiff to repair the instant engine.

B. On May 21, 2014, the Defendant entered into the instant repair contract, upon receiving a request for repair from the Plaintiff for a regular inspection of the instant engine, and the Plaintiff is subject to a written estimate on the details of the repair as specified in the following table, calculated based on the scope of the Plaintiff’s request for repair by the head of the agency affiliated with the Plaintiff (hereinafter “written estimate on the repair”).

(A)A estimate (the estimate shall be 19,416,800 won, hereinafter referred to as "unit price estimate") concerning the unit price of parts of the parts and 84 items.

3) After submitting a separate contract between the Plaintiff and the Plaintiff, the Plaintiff’s acceptance contract of the instant engine (hereinafter “instant acceptance contract”) is not written.

- [Attachment] : 1 EA 5,50,000 5,500,000 - Except for the cases where the off-site restoration is removed from the off-site removal by demolishing the number of repair units (wons) 1 engine 1, 150,000 - 1,000 5,000 - Other 00 0.0 0 0 0 0 0 0 0 0 1,00 250 250 1,20 100 1,250 20 1,20 10 1,00 1,00 1,00 -6 0 0 0 0 1,00 1,00 1,20 1,250 1,20 1,00 1,00 1,00 1,00 1,00 1,05 1,01

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