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(영문) 인천지방법원 2014.11.07 2013가합8706
손해배상(기)
Text

1. The Defendant: (a) KRW 33,456,00 for the Plaintiff and its related KRW 5% per annum from September 1, 2013 to November 7, 2014; and (b) November 8, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that manufactures and sells accelerators, and the Defendant is a personal business entity that manufactures and sells accelerators with the trade name “B.”

B. From October 201 to May 201, 201, the Plaintiff received supply from the Defendant of a single set of devices, two parts of devices, i.e., flag, i., output reduction, etc. (hereinafter “instant continuous devices”).

C. The Plaintiff produced the accelerator by using the accelerators of this case supplied by the Defendant (hereinafter referred to as the “speeds of this case”). The Plaintiff supplied the accelerator to 50 sites designated by C Elevators, the customer of the transaction. Among them, the 37 accelerators were returned to exceed the noise level (75dB). The Plaintiff again manufactured and replaced 30 accelerators to C Elevators, and 3 others were repaired and re- installed.

[Ground of recognition] Facts without dispute, Gap 1, 2, Gap 3-1, 2, 4-1 to 8, Gap 6, Gap 7-1, 2-2, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the Defendant produced and supplied the Plaintiff with a defect such as tobacco smoke, etc., caused a large amount of noise in the operation of the instant accelerator. Accordingly, the Plaintiff suffered damages, such as KRW 77,170,000 for the returned accelerator value, KRW 34,00,00 for the accelerated replacement cost, and KRW 350,000 for the foresh replacement cost, which was incurred by the Plaintiff to return the accelerator supplied to C elevator again and to replace or repair it.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 11,520,000 (= KRW 77,170,000) (= KRW 34,000,000).

B. According to the appraisal results and the purport of the entire pleadings by appraiser D who suffered the Defendant’s liability for damages, the speed of the instant reduction is generated by a maximum of 76dB noise in the direction of visibility in the operation of the instant reduction engine, and is both in the direction of visibility and the direction of anti-clock when operating more than 30 minutes.

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