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(영문) 수원지방법원성남지원 2015.08.18 2014가단34880
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts without dispute;

A. The Plaintiff, among the construction works of the Busan Shipping Co., Ltd., the construction works of the Busan Shipping Complex Co., Ltd., the construction works performed by the Plaintiff.

B. Around July 16, 2013, the Plaintiff supplied “D” to the Defendant who operates the said “D” and installed on the rooftop of the said apartment complex by being supplied with the “bes plate”, “saves”, and “saves” and “saves”, each of the aforementioned favorable part.

2. Judgment on the plaintiff's claim

A. The gist of the Plaintiff’s assertion (1) The Defendant supplied the Plaintiff with the “bes” and the “sast” without properly approaching the Plaintiff’s assertion. Accordingly, the Plaintiff’s 11 of the 158 158 11 of the 158 158 11 of the 158 199 (hereinafter “instant accident”).

The Plaintiff sustained losses of 21,473,330 won for reconstruction due to the instant accident.

Therefore, the defendant is liable to compensate the plaintiff for the damages incurred by the plaintiff as a warranty liability or default liability.

(2) As a result, there was a defect in the chroman’s chroman’s chroman’s chroman’s chroman’s chroman, supplied to the Plaintiff by the Defendant.

As a result, the Plaintiff suffered losses of KRW 22,90,000 from the purchase and installation costs of new “divers” persons.

Therefore, the defendant is also obligated to compensate the plaintiff for the above damage.

B. (1) As to the occurrence of liability for damages, first and second, as to the free trade zone.

However, according to the facts that the Defendant supplied to the Plaintiff by adjoining the “bes” and the “sast”, a material that constitutes one set of the Defendant, was supplied to the Plaintiff, there is no dispute between the parties, and according to the entries of the evidence Nos. 4 and 6, and the witness E’s testimony, the instant accident can be acknowledged as having occurred far from the adjoining parts of each of the above materials.

However, in addition to the statements of evidence A5 and Nos. 7 and the testimony of the above E, the following circumstances are recognized.

① In other words, the Plaintiff used each of the above materials to the Defendant.

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