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(영문) 광주지방법원 2017.08.25 2016나58849
손해배상 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.

Reasons

1. Basic facts

A. On January 8, 2015, Defendant B Co., Ltd. (hereinafter “Defendant Company”) issued a written estimate, including the following table, to the Plaintiff who received a contract for the construction of F Hospital dormitory from the medical corporation name medical foundation, at the time of discussion, from the medical corporation name medical corporation, and between the Plaintiff and the Defendant Company, it was understood that hp and math of the unit column of the following table were the freezing tons:

Free ton (RT) means the cooling capacity necessary to make a pure water ton of 0 degrees centigrade into the ice of 0 degrees centigrade for 24 hours;

1B high temperature pumps simultaneously 45 hp 157,000,000 57,000,000 2 compact pumps (pressors) 15 Mao-Ma3 Denpo 3,600 cal 3 Denbal 3 Denbal 132,800 cal 132,80 cal 1,000 calc 1 / [total amount] 5 automatic calc 5 calc 1,000 calc 5 calc 1 / [1] 57,000,000

1. Separate value-added tax;

2. including transportation expenses;

3. The cost of the trial operation;

4. Piping and electrical construction costs;

5. including steam use fees;

B. On January 12, 2015, the Defendant Company entered into a contract for the installation of the air pumps of the F Hospital (hereinafter “instant contract”) with the Plaintiff, as indicated below. The instant contract was accompanied by the written estimate as seen earlier.

Contract Name: Terms and conditions of the contract for the installation of a dormitory for F Hospital with air-conditioning pumps: Contract Amount by detailed addition: 57,000,000 won (excluding value-added tax): Article 3: (Methods of Payment and Defects Guarantee)

1. Advance payment (30% in case of a contract): 17,100,000 won (excluding the value-added tax);

2. Part payments (50%) (50%): 28,500,000 won (excluding value-added tax);

3. Balance (20%): 11,400,000 won (excluding value-added tax).

4. The warranty for defects shall be made at the request of the project owner.

(2) 5% per annum)

5. To submit securities to guarantee the performance of advance payment upon receiving advance payment;

(Provided, That this shall not apply to securities issued by Seoul Guarantee Insurance: (Contract Termination and Liability for Damages)

1. This is due to reasons attributable to the defendant company;

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