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(영문) 창원지방법원통영지원 2019.11.14 2018가합10223
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 222,697,927 and the interest rate of KRW 12% per annum from November 15, 2019 to the date of full payment.

Reasons

Basic Facts

The plaintiff is a company established for the purpose of producing and selling concrete, and the defendant is a company established for the purpose of industrial plant construction business and industrial processing processing equipment manufacturing business.

On March 16, 2017, the Plaintiff entered into a contract with C Co., Ltd. (hereinafter “C”) under which D Co., Ltd. orders and receives a subcontract for concrete and aggregate production and transport works related to E construction works performed by C.

On May 30, 2017, the Plaintiff entered into a contract with the Defendant for purchase and supply of an offshore plant (hereinafter “instant plant”) which is a concrete manufacturing facility to be operated at the site of the instant construction project (hereinafter “instant supply contract”).

The contents of the instant supply contract pertaining to the instant case are as follows.

The Plaintiff and the Defendant enter into a contract for the purchase and supply of BATCHER PENT as follows:

Article 1 (Purpose) The purpose of the Plaintiff is to request the Defendant to purchase and supply the subject matter of a contract pursuant to the separate form of paper of paper, and the Plaintiff to purchase, install, and operate the object and deliver it to the Plaintiff.

Article 2 (Name of Subject Matter of Contracts): Fixed-type (Field) Capacity: Quantity of 210 square meters/hr: Quantity: 210 square meters/hr: It shall be limited to 2STS, and detailed details shall be in accordance with the a separate form of paper.

Article 3 (Amount of Supply) The amount of supply of the subject matter of the contract of Article 2 (Saunching in Lots) above shall be KRW 890,000,000,000,000 for the day gold.

§ 11. (Defect warranty) The warranty period for defects in this contract shall be 12 months, and the defendant shall perform without compensation repair or exchange of parts for defects in design, purchase or installation.

Provided, That the foregoing shall not apply to breakdowns caused by failure in handling and loss, unauthorized remodeling, or failure to use standard parts, and the warranty insurance policy shall be the warranty insurance policy with the performance of the amount equivalent to 3% of the contract amount.

The Plaintiff and the Defendant enter into the instant supply contract on October 31, 2017.

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