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(영문) 창원지방법원 2018.11.29 2017가단104296
손해배상(기)
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 32,932,198 won and the period from July 17, 2018 to November 29, 2018.

Reasons

1. Basic facts

A. Co., Ltd. (hereinafter “D”) around January 2016, the Plaintiff entered into a mechanical assembly contract.

(2) From around March 2016, the Plaintiff and the Defendants (Evidence A; hereinafter referred to as “instant design drawings”) assembled the Defendants “180Ton LINERRINMING PRES” (hereinafter referred to as “instant press equipment”) as the design drawings provided by the Plaintiff between the Defendants and the Defendants (hereinafter referred to as “instant contract”) and entered into a contract with the Plaintiff to pay KRW 55 million (value-added tax separate) in return (hereinafter referred to as “instant press equipment”).

B. 1) The Defendants assembled the press machine of this case by using a folding method, etc., and delivered it to the Plaintiff on May 2016. 2) On March 22, 2016, the Plaintiff transferred KRW 12,100,000 to Defendant C, and KRW 48,400,000 under the instant contract to Defendant B on May 4, 2016, thereby paying all the price of KRW 60,50,000 under the instant contract (including value-added tax).

C. Around August 9, 2016, the Plaintiff installed the instant press machine at a DD production plant located in the Republic of Korea (hereinafter “CD production plant”). (2) The instant press machine was discontinued on February 12, 2017. The reason for the suspension of operation was that the instant press machine was the frame of the instant press machine.

) Because the part of the Main Cyinis connected was destroyed by the Main Cyinist. [based on recognition] of the absence of dispute, Gap evidence 1 to 6 (including the virtual number; hereinafter the same shall apply)

each entry, the purport of the whole pleading

2. The parties' assertion

A. Although the Plaintiff’s Defendants were obligated to assemble the press machine of this case according to the instant design drawings, they did not entirely melt the press machine that had to receive a large load, and thereby, the connection section with the presses and the press room was destroyed.

The plaintiff.

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