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(영문) 수원지방법원평택지원 2017.11.03 2017가단1085
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On June 26, 2015, B, the representative director of the Plaintiff, entered into a contract for the supply of screen golf facilities (including the installation cost, supervision cost) with the Defendant first, and B paid the Defendant the sum of KRW 160 million in total with the down payment and the intermediate payment of KRW 160 million to the Defendant, upon completion of the artificial golf course construction for the operation of screen golf courses and the installation of screen golf facilities (hereinafter “instant building”).

B completed interior construction by September 10, 2015, and the Defendant installed 14 screen golf facilities by October 20, 2015, and B temporarily opened construction around October 25, 2015.

However, there were many errors, such as a golf hole, which was installed by the Defendant without having to recognize the golf hole properly or without shooting, and such errors were caused by the Defendant’s installation of a sun-dried type (the form in which the proprietor and compliance are both in the ceiling and the computer floor) developed by the Defendant only on September 2015, notwithstanding that it was the floor type of the screen golf facility for which the contract was concluded in the instant supply contract (the license is in the ceiling, and the computer is on the floor).

B, in order to improve errors, the defendant requested to change the application form of astronomical style to the right side from the center to the right side, but the defendant rejected it.

As a result, customers did not find a screen golf course of B any longer. Since B suffered a large damage and closed down a screen golf course around August 2016, the Defendant sold 100,000 won per 4-month sales damage of KRW 100,000 per 1,00 won per 10,000 stud, 100,000 won per 10,000 won per 1,000 x 10,000 won per 1,000 stud, 50,000 won per 1,000 x 4-2,000 won per 1,000 st

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