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Reasons
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(영문) 서울남부지방법원 2020.09.18 2019가단236938
물품대금
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1. The Defendant’s KRW 24,750,00 for the Plaintiff and KRW 6% per annum from December 22, 2018 to September 18, 2020 for the Plaintiff.

Reasons

1. Facts of recognition;

A. Nonparty C Co., Ltd (hereinafter “C”) is a company that supplies steams for factories and heating to D district industries using wood-quality biomass energy, and operates an integrated energy supply plant that produces electricity at the same time.

B. C was awarded a contract for fuel supply devices among the integrated energy supply plant facilities to Nonparty E Co., Ltd. (hereinafter “E”), E awarded a subcontract to Nonparty F Co., Ltd. (hereinafter “F”), and F re-subcontracted to the Defendant.

C. On January 6, 2017, the Plaintiff entered into a contract with the Defendant for the supply of crops (hereinafter “instant contract”) with the content of production and supply, which is part of the fuel supply device of C’s integrated energy supply plant, by setting the contract amount of KRW 247,50,00 (including value-added tax) and the contract period from January 6, 2017 to April 5, 2017.

The main contents of the instant contract are as follows.

The delivery deadline was changed on May 12, 2017 according to the Defendant’s change in the shooting of the Gu-dong buser and the Defendant’s request for the manufacture of fire pipeline, and the Plaintiff completed the supply of the instant device on May 26, 2017 due to the delay in the inspection schedule of E.

E. On November 1, 2017, the Plaintiff was driving under the influence of F on November 1, 2017 (A8), and as a result, the measurement error of A device was 0.0514%, and the measurement error of B device was ever normal within the normal error scope (A7,20). C obtained approval for the use of an integrated energy supply plant (construction completion) on March 15, 2018. As a result of the verification conducted by F on April 11, 2018, the measurement error of A device was 0.07% and B device measurement error was 0.7353% “0.753%.”

(A12) A. H.

In September 6, 2018, the measurement error of A device is 0.0907% and B device.

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