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(영문) 광주지방법원장흥지원 2020.02.26 2018가단5196
손해배상(기)
Text

1. The Defendant’s KRW 20,500,000 as well as 5% per annum from December 4, 2019 to February 26, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a manufacturer who installs a downage in Gangnam-gun C, etc. and cultivates the fry, etc. within this scope, and the Defendant is a manufacturer who manufactures the gymal stability, etc. as part of the installation improvement project in 2015. (2) As part of the installation improvement project in 2015, the Plaintiff installed 30,500,000 won in the total size of 1700 square meters in the total size of fysium 2,00,000 won at its own expense, and the remainder of 30,50,000 won was subsidized to install byllite light

3) The Plaintiff is a Co., Ltd. E (hereinafter “E”) for the above subsidy project.

(A) A contract was prepared to the effect that it is supplied with and installed yllium, etc., but, in fact, the Plaintiff ordered and delivered 600 stables to the Defendant, and E installed a stable machine. The stable price was paid by E from the Plaintiff and delivered it to the Defendant (hereinafter “instant stable machine”).

(4) On October 31, 2017, the Plaintiff ordered 220 stabilizers to the Defendant. F Co., Ltd. established 200 of them in the Plaintiff’s subordinates, and the remainder 20 of them are kept for reserve use by the Plaintiff.

나. 화재의 발생 1) 2017. 11. 2. 07:30경 이 사건 안정기가 설치된 하우스에서 화재가 발생하여 연기가 하우스 안에 찼는데, 안정기 3개가 탔을 뿐 추가적으로 불에 탄 작물이나 물건은 없었다. 2) 원고는 안정기 3개를 수거한 후, 하자 점검을 위해 피고의 직원에게 1개를 전달하였다.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 8, 9, 16, 24 (including each number; hereinafter the same shall apply), witness G, and the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1’s instant stabilization machine is deemed to have been fire in the stable season without 3 years of use guarantee period, and there is a defect in the stable season. The Defendant replaced the defective stability machine to the Plaintiff.

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