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(영문) 부산지방법원 2015.11.11 2013가합6035
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. (1) On July 30, 2004, the Plaintiff entered into a contract for manufacturing and installing mechanical parking facilities and the construction work (1) with Hyundai Elevator Co., Ltd. (hereinafter “Nonindicted Company”) for manufacturing and installing mechanical parking facilities (hereinafter “instant construction work”) of the 1435-1 Do 1435-1, Busan High-dong Busan High-dong Office Officetel (hereinafter “the instant building”). The Plaintiff ordered the instant construction work by setting the contract deposit amount of KRW 412,50,000, and the construction period from August 2, 2004 to October 31, 2005.

(2) The non-party company awarded a subcontract to the Defendant for the instant construction work that was contracted by the Plaintiff, and the Defendant completed the construction on October 31, 2005, and the Plaintiff received and operated mechanical parking facilities.

B. The conclusion and construction (1) of the contract for the repair of mechanical parking facilities and the construction (1) of the above mechanical parking facilities installed by the Plaintiff were unable to park large automobiles, and the parking system of the “trawer” roller system is a system that stops the time of parking, puts the wheels of the vehicle into the parking space when the vehicle is parked in a neutral zone.

Because of the method, there was a problem such as a vehicle exhauster, a spathy, etc.

(2) In order to solve the above problem, the Plaintiff, around October 201, 201, enables the Defendant to park large automobiles with the above mechanical parking equipment, and the existing “Trawer” system does not require the Defendant to put the vehicle in a neutral zone by inserting it into the parking space by inserting the entire vehicle when parking.

The mechanical parking facility modification work (hereinafter referred to as the “instant modification work”) with the contents of the replacement with the system (hereinafter referred to as “instant modification work”) was awarded a contract by setting the construction period of KRW 271,70,000 and the construction period from October 17, 201 to April 16, 2012.

(hereinafter “instant modified construction contract”) (3) The Defendant completed and revised the instant modified construction work.

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