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(영문) 부산지방법원 2018.12.12 2018나45220
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking into account the purport of oral proceedings, Gap 1 [this case's supply contract (as of May 30, 2017)], Eul 2 [A], Eul 3 [A], Eul 4 (U.S. removal of non-performing construction instructions], and Gap 5 [A]'s claim for damages (as of June 26, 2017)], the Plaintiff entered into a contract with the Plaintiff to be supplied with bathing 29 million won (as of May 30, 2017, hereinafter "the supply contract of this case") with the Defendants' liability for reconstruction, and the Plaintiff was jointly and severally ordered by the Defendants to install the above Article 70 (as of June 23, 2017, 200). Article 6 of the supply contract of this case guarantees the Plaintiff's liability for reconstruction for the above goods at the construction site to the extent that the Plaintiff would have ordered the Plaintiff to remove the above Article at the construction site, and the Plaintiff had an obligation to install the above Article 270 (3).

As to this, the defendants asserted that the plaintiff is not able to respond to the plaintiff's claim since the plaintiff is fully responsible for the construction of the plaintiff, but the defendants are in accordance with the supply contract of this case to the plaintiff.

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