(영문) 대구지방법원김천지원 2015.09.09 2015가단30691

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(영문) 대구지방법원김천지원 2015.09.09 2015가단30691

손해배상(기)

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1. The Defendant shall pay to the Plaintiff KRW 23,252,920 and interest rate of KRW 20% per annum from March 19, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. On September 30, 201, the Plaintiff entered into a contract with the Defendant to install two aircomers (hereinafter “instant machinery”) in KRW 210,000,000. The Defendant installed the instant machinery accordingly, and issued a guaranty insurance policy to the Plaintiff as the performance of the contract amounting to 21,000,000 won, and the guarantee period was from January 1, 201 to December 31, 2012.

B. Around September 2013, there was a problem that the construction of the instant machine in excess of the body valves was suspended, and the Defendant repaired the replacement of two body valves.

(hereinafter referred to as “instant repair.” In this case, the Defendant used the physical valves manufactured by a water valve industry corporation (hereinafter referred to as “water valves”) other than the physical valves manufactured by KOBECO Co., Ltd. (hereinafter referred to as “raw valves”).

C. Around August 2014, the 2013rd valves of the instant machinery were destroyed by the wind, which led to the collapse of compressed air, and there was a problem of leakage due to damage to the seal seal.

(hereinafter referred to as the “instant breakdown”). [Grounds for recognition] There is no dispute, entry of Gap evidence 1 through 10, witness B’s testimony, and the purport of the whole pleadings.

2. The parties' assertion

A. At the time of the repair of this case, the Defendant asserted that the equipment was replaced with the equipment, and the equipment valve was destroyed and damaged as it was difficult to check the equipment valve while operating the machine, thereby causing the instant breakdown.

In order to replace the seal seal of the instant machine, the Plaintiff shall work for the Oberle (a work to replace all parts by demolishing the entire machinery). As such, the Defendant is obliged to pay 23,252,920 won and damages for delay due to damages caused by the erroneous repair of the instant machine.

B. The equipment valves used by the Defendant are identical with the material valves, size, and function.

유사 판례

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