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(영문) 부산지방법원 2014.12.18 2012가합43839
손해배상(기)
Text

1. The Defendant’s KRW 94,545,454 as well as the Plaintiff’s annual rate of KRW 6% from June 28, 2012 to December 18, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is a juristic person engaged in the manufacture and sale of gold-type, and the Defendant is a person engaged in the heat treatment business under the trade name of “B.”

B. On March 31, 2011, the Plaintiff supplied materials for the production of gold (DAC-P) from the Hanil Special DAC-P, and was in charge of the Defendant on April 30, 2011, and supplied them to the floor of Korea (hereinafter referred to as “ our floor”) by receiving the gold punishment for which the heat treatment was completed thereafter from the Defendant.

C. Our floor started to load goods using the gold mold supplied by the Plaintiff from February 2012, 201, but it became impossible to use the crack any longer while producing 2,00 scracks.

As a result, the plaintiff could not receive the above-mentioned production cost of KRW 130 million (including value-added tax) from the Korean floor.

[Ground for Recognition: Facts without dispute, purport of whole pleadings]

2. Determination as to the cause of claim

A. According to the appraiser C’s appraisal of the liability for damages, the appraiser failed to grasp particular problems with respect to the design and processing process of the above gold materials and gold-type. Although the gold-type is in a state where the air-conditioning is desired if the air-conditioning is not fast enough, the gold-type surface can not be a single organization because the organization can not be completed, even if the air-type surface is in a state where the air-conditioning is desired. However, the defendant's three-time period for the above gold-type was extended to five hours each, it can be recognized that the appraiser C determined that the highest cause for the above gold-type damage is attributable to heat treatment. Comprehensively taking into account such fact of recognition, it appears that the defendant's failure to properly treat the above gold-type is the main reason why the above gold-type was generated.

Therefore, the Defendant is liable to compensate the Plaintiff for damages caused by the defect in heat treatment as above.

(b).

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