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(영문) 부산지방법원 2017.10.17 2016가단339579
손해배상(공)
Text

1. The Defendant’s KRW 1,639,80 for the Plaintiff and 5% per annum from August 6, 2016 to October 17, 2017.

Reasons

1. The Plaintiff, as to the cause of the claim, intended to manufacture and supply cream construction to be installed in the SSP high-class factory built in Bluco Construction Co., Ltd. (hereinafter “Scco Construction”), and received materials from the Defendant to be used in the above croc. Since some of the materials supplied by the Defendant were defective, the Plaintiff replaced the defective materials with the cost of KRW 1,639,800 in total as shown in the separate sheet No. 1, as shown in the separate sheet No. 1, or in full view of the purport of all the statements and arguments as set forth in the separate sheet No. 2 and No. 6.

According to the above facts, the defendant is obligated to pay 1,639,800 won for replacement of materials paid by the plaintiff to the plaintiff and delay damages therefor.

Furthermore, the plaintiff asserts that the defendant should pay to the plaintiff the above 21,450,000 won and damages for delay as shown in the attached Table 2, because there are some defects in the part of the materials supplied by the defendant, the plaintiff dispatched the cooperation company's employees to the Bluco Construction site to repair and repair them, and the defendant should pay to the plaintiff the above 21,450,000 won as stated in the attached Table 2 list. However, in full view of the witness's testimony and the whole purport of the arguments, the following circumstances are acknowledged as follows: (i) the plaintiff did not request the plaintiff to repair the defective materials as alleged by the plaintiff; (ii) the reason why the plaintiff dispatched the cooperation company's employees to Bluco Construction at the request of the defendant does not seem to have been caused by the defect in the materials supplied by the defendant; and (iii) the reason why the plaintiff dispatched the cooperation company's employees to Bluco Construction at the request of the plaintiff is insufficient to recognize it, and there is no evidence to acknowledge it otherwise.

Therefore, the defendant's above KRW 1,639,800 and this case's case is applied to the plaintiff.

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