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(영문) 창원지방법원통영지원 2019.08.22 2017가합11373
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

The Plaintiff’s status as the parties is for the purpose of building a vessel, etc., Defendant D Co., Ltd. (hereinafter “Defendant D”) is a company established for the purpose of manufacturing and installing ship pipes.

On November 19, 2016, the Council of the Representative of the Ship Parts I, as the vessel parts manufacturing chain, died on November 19.

(hereinafter referred to as Defendant D, Defendant E, and Defendant D, etc. referring to Defendant D, Defendant D, etc. . The Defendant F is the wife of the networkJ, Defendant G and Defendant H as the children of the networkJ, and they are the successors of the networkJ.

On January 10, 2014, the Plaintiff entered into a shipbuilding contract with the vessel owner company and the Plaintiff, and entered into a shipbuilding contract with K limited liability company (K; hereinafter referred to as "K") to build L and M.

On February 3, 2015, the Plaintiff and K entered into a contract to change the type of vessel from the cream L, M to the oil tanker N andO, and accordingly modify the details of the shipbuilding contract.

On March 20, 2015, the Plaintiff entered into a basic contract for material transaction with Defendant D on March 20, 2015, and on March 27, 2015, the Plaintiff sent to Defendant D a letter of request for purchase ("Purch Requiis"), which is to be established in N or O ships, to Defendant D, for the production of stringcils.

The said letter of request for purchase contains “1)” as to Hecos’ material (hereinafter “HLE”) of Hecos’ material: (a) the document “PIPE SCH.10S PIPS II”. Defendant D prepared a quotation (hereinafter “ QUTATION”) accompanied by the detailed details of the material cost, manufacturing cost, transportation cost, etc. necessary for the string of the O vessel on April 17, 2015; and (b) the title (hereinafter “TITE”) of the said quotation stated “HEAININGALALITITITSSSSUS”; and (c) the content of the material cost in detail “S316 U.S.S.P.P.P.P.P.PS II” as “the first production cost occurred and the first production cost is replaced by Defendant D1.”

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