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(영문) 광주고등법원 (전주) 2017.03.23 2015나102816
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Claim:

Reasons

1. Basic facts

A. On March 30, 2012, the Plaintiff entered into a contract with the Defendant to manufacture and supply the machinery (hereinafter “the instant root harvest machine”) capable of harvesting the root year in KRW 9.8 million (hereinafter “the instant contract”) with the Plaintiff orally (hereinafter “instant contract”).

B. The Plaintiff paid KRW 18 million to the Defendant on April 2, 2012, and KRW 1 million on May 4, 2012.

C. On May 16, 2012, the Defendant completed the production of the root root harvest season and delivered it to the Plaintiff.

The Plaintiff, on the same day, tried to harvest root years with the harvest season of this case from the Plaintiff dry field, but failed.

[Ground of recognition] Unsatisfy, Gap 1, 10, 15, each entry of evidence, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant failed to comply with the manufacturing period agreed upon at the time of the instant contract, and as a result, the Defendant suffered damages due to the failure to harvest the root year and the root root of the instant contract because the root year is too old.

As a result of the delay in the performance of the Defendant, the Defendant is obliged to compensate the Plaintiff for damages therefrom: ① (i) the Plaintiff paid the Plaintiff KRW 2,765,00,00, such as the alternative personnel expenses (i.e., personnel expenses of KRW 1,595,00 in substitution for the harvest season) (i.e., personnel expenses of KRW 1,170,00), ② the amount of damages to the root year (i.e., the amount of the root year cultivated by the Plaintiff 10,745,764 (i.e., the amount of the root year x 10828km x 3763 won in the amount of the root year cultivated by the Plaintiff); ③ the amount of damages to the root year 435,00,000 (i.e., the number of root root root root years cultivated by the Plaintiff 43,50

(However, the plaintiff claims 214,515,080 won at the trial in consideration of his own negligence, etc. and damages for delay. (B)

In addition, the root root harvest season of this case has a defect such as a flood creation caused by the defendant's wrong contact, and the engine load due to the defendant's wrong reception engine power calculation, etc., and thus, the root harvest season of this case does not work properly, and the defendant does not repair it.

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