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(영문) 대구지방법원경주지원 2017.09.14 2016가합2932
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The status of the Plaintiff is a company with the purpose of developing and developing electric resources and its related business.

The Defendant becomes a custodian A under Article 74(4) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) after the rehabilitation procedures for a stock company A (hereinafter “A”) commenced.

B. On September 13, 2013, the Plaintiff entered into a contract to purchase the instant goods (hereinafter “instant purchase contract”) with a C. C. 6 nuclear power plant, 7A, and 7B (hereinafter “instant goods”) and received supply of the instant goods around April 2014.

C. On May 15, 2015, A filed an application for commencing rehabilitation procedures with the Ulsan District Court.

(Ulsan District Court 2015 Ma510) On June 12, 2015, the above court rendered a decision to commence rehabilitation procedures against A on June 12, 2015, and decided the reporting period of rehabilitation claims, rehabilitation security rights, and stocks from July 4, 2015 to July 24, 2015.

As a result of the ECT inspection on the instant goods implemented on September 26, 2015 during the 8th planning, prevention and maintenance for the CU 6 nuclear power plant, the Plaintiff confirmed that the signal occurred insofar as the thickness falls short of the prudential evaluation criteria for heat exchange (46.5%) among the instant goods. (2) On October 6, 2015, the Plaintiff notified A of the results of the ECT inspection and requested cooperation for technical assistance and analysis of causes.

After consultation with A, the Plaintiff conducted a close inspection (MRPC inspection) of the instant goods between November 4, 2015 and December 18, 2015, and the close inspection (MRPC inspection) was confirmed in multiple heat pipes among the instant goods.

E. On November 11, 2015, the Plaintiff requested the replacement of the instant goods to A, and the relevant persons of both the Plaintiff and A on January 11, 2016.

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