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(영문) 대구지방법원 2015.08.27 2014가합2505
손해배상(기)
Text

1. The Defendant’s KRW 89,200,000 for the Plaintiff and 6% per annum from March 29, 2014 to August 27, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in the business of manufacturing and supplying automobile parts, building parts, etc. with the trade name of C, and the Defendant is a person who conducts mechanical manufacturing business with the trade name of D.

B. On April 16, 2013, the Plaintiff entered into a contract with the Defendant for manufacturing and supplying water (hereinafter referred to as “water-processing machinery”), one water-processing machinery (hereinafter referred to as “water-processing machinery”), one water-processing machinery (hereinafter referred to as “water-processing machinery”), 75 million won in the supply price, and 30 June 2013 of the delivery date (hereinafter referred to as “instant contract”).

C. On May 31, 2013, the Plaintiff received the first intermediate payment of KRW 23 million from the Defendant on the contract date, and the second intermediate payment of KRW 10 million from the Defendant on June 30, 2013, and the second intermediate payment of KRW 10 million from the part payment of the instant machinery is to be received at the same time as the delivery of the instant machinery from the Defendant. The remainder of KRW 12 million is to be paid after machinery and the installation of the machinery, and the down payment was to be made on the contract date.

On June 1, 2013, the Plaintiff paid down payment and KRW 23 million to the Defendant, and paid KRW 10 million on August 19, 2013.

E. On August 7, 2013, E, which is the Defendant’s husband and D, actually operates the Plaintiff’s factory, was under trial operation after completing the installation of the machinery, but there was a defect in water dynamics produced, and E requested repair of the machinery to Nonparty G who operated Nonparty F on or around August 26, 2013.

G The purpose of G is to increase the roller installed in the machinery from the 12th to the 15th unit, and E paid KRW 5 million on September 10, 2013, KRW 2 million on early October 2013, and KRW 1 million on the first half of the same month as repair cost.

After completion of repair on October 10, 2013, when a trial operation was conducted on or around October 10, 2013, but the normal product was not manufactured, thereby increasing to 18 parts of the tea roller. The Plaintiff paid 6.5 million won directly to G around November 19, 2013 and paid 6.5 million won to E.

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