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(영문) 부산고등법원 2017.06.21 2017나51306
손해배상(기)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

Purport of claim and appeal

(b).

Reasons

1. The reasons for the court's explanation in this case are as follows: "The above-mentioned facts alone constitute an agreement between the plaintiff on payment in kind with respect to the damage claim arising from forgery of the test report through replacement or free inspection of new goods as mentioned above, or there is insufficient evidence to acknowledge that the above part of the damage claim occurred from the plaintiff's supply of the safety parts forged by the test report under each purchase contract of this case, or that there is no other evidence to prove that the above part of the judgment of the court of first instance was transferred through replacement or free inspection of the new parts as mentioned above, or that there is no other evidence to prove that there is no sufficient evidence to prove that this part of the judgment of the court of first instance is sufficient to acknowledge the fact finding of the court of first instance or to acknowledge the defendant's assertion, and since the judgment of the court of first instance and the court of first instance are as stated in Article 420 of the Civil Procedure Act, except for the additional determination under paragraph (2) below."

2. Additional determination

A. The Defendant asserts that the scope of compensation for damages is excluded from the scope of compensation for damages, since the blods among the safety parts under each purchase contract listed in the separate sheet No. 3 and No. 5 of the separate sheet No. 1 did not forge the test report, the pertinent part ( approximately KRW 420 million) should be excluded from the scope of compensation.

In light of the risk and influence of accidents that may occur in a nuclear power plant, and the importance of the procedure for verifying the quality of safety parts used in a nuclear power plant, the above bund, which is part of the component of the prefabricated called Round, is forged even if the test result was not forged, and the other parts of the prefabricated are forged.

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