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(영문) 광주지방법원 2017.02.16 2015가단532189
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion entered into a construction contract with A and 35 agricultural products, on December 10, 2012, and entered into an agricultural products low temperature storage contract, and the Defendant supplied prefabricated-type 100T (hereinafter “instant goods”) and its ancillary goods and constructed the said low temperature storage.

However, since the goods of this case were defective and thus it was impossible to maintain a certain temperature, the Plaintiff was ordered to remove and reconstruct the said low temperature storage area to the said 36 persons, thereby causing damage to KRW 183,298,140.

Therefore, the defendant is entitled to pay 50,000,000, which is a part of the damages due to incomplete performance.

2. The evidence presented by the Plaintiff alone is insufficient to prove that there was a defect in the instant goods. Therefore, the Plaintiff’s assertion is without merit.

3. According to the conclusion, the plaintiff's claim of this case is without merit.

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