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(영문) 서울중앙지방법원 2017.11.30 2015가합556055
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On August 29, 2013, the Plaintiff entered into a subcontract for construction works on the gold Industry Co., Ltd., which received a contract for infrastructure construction works for the marina City Development Project from the development of the Seoul Housing City, and the marina Complex 1 Section, soil and structures 1 and 2 Section.

On December 2, 2013, the Plaintiff entered into a contract with the Defendant for the supply of the separated pressure valve necessary for waterworks installation works (hereinafter referred to as “tension wheels”), and the Defendant entered into a contract for the supply of steering valves and pipes with the Defendant to supply the Plaintiff.

The Defendant supplied 1,382 pressure 1,382 to the Plaintiff, which was a stock company and supplied them to the Plaintiff.

On April 2014, the Plaintiff completed the construction of waterworks facilities using the above voltages.

On July 19, 2014, the water leakage occurred in one voltage, which connects the vertical drainage pipes to the water pipe in a construction section of the valley complex.

[Reasons] The Plaintiff’s assertion and determination of the purport of Gap’s evidence Nos. 1 through 3, 10, 12, Eul evidence Nos. 3, 4, and 8, and Eul’s assertion of the purport of the whole pleadings and the purport of the whole pleadings have arisen from the wind to complete due to defective pressure supplied by the Defendant. As the Defendant caused damages to the Plaintiff by incomplete performance of a product supply contract, the Defendant is liable to compensate the Plaintiff for damages incurred by the above water leakage, namely, the amount borne by the Plaintiff due to the amount borne by the water leakage of water supplied by the Plaintiff under a contract with the gold Industry Co., Ltd., 364,04,00 won in total.

Judgment

According to Gap evidence No. 12, it can be acknowledged that the plaintiff's supplied wheels was completed and leakage occurred at the construction site of this case. However, as to whether the above tension was caused by the defect in the tension itself, the health unit and all the evidence submitted by the plaintiff are examined.

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