(영문) 인천지방법원 2015.12.10 2015나53360

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(영문) 인천지방법원 2015.12.10 2015나53360

손해배상(공)

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1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 6,905,50 and KRW 5,043,00 among them.

Reasons

1. Basic facts

A. On July 8, 2014, the Plaintiff was awarded a contract for the new construction of B factories located in C (hereinafter “instant construction”) with the Defendant, and around July 8, 2014, ordered materials, such as the 125T Panel (hereinafter “instant Panel”) to be used for the said construction, and supplied the Defendant with the 125T Panel on July 9, 2014 and the remaining materials on July 14, 2014, and paid KRW 5,043,000 to the Defendant on the same day.

B. From July 14, 2014 to July 17, 2014, the Plaintiff removed a protective vinyl after completing the construction of the instant panel. The Plaintiff discovered defects, such as a black-type, pen-type, wab, wab, sexually classified type, a short-term, a short-term, and softed phenomenon at the panel removing the protective vinyl.

The plaintiff requested the defendant to compensate for damages, such as the return of the panel price, on the ground of the above defect, but the defendant rejected the plaintiff's request by asserting that there is no defect in the panel.

C. The Plaintiff removed the instant panel from July 26, 2014 to August 14, 2014 and re-established a new panel supplied by another company.

[Ground of Recognition] Facts without dispute, entry and video of Gap evidence 1 to 11 (including each number), the purport of the whole pleadings

2. The Plaintiff’s assertion is that there are serious defects in the instant panel, such as scam type, off type, wab, wab, sexually classified type, and scambling, and there exist key defects in the instant panel. As such, the Defendant is obligated to compensate the Plaintiff for damages of KRW 5,043,00 paid by the Plaintiff as the price for the instant panel, ② KRW 1,540,000, ③ the removal of the instant panel and the establishment of a new panel, ③ the transport fee of KRW 363,00, ④ the waste disposal fee of KRW 70,00, ④ the waste disposal fee of KRW 3,716,130, and ⑤ the site manager’s personnel fee of July 8, 2014, KRW 1,50,000.

3. Occurrence and scope of liability for damages;

(a) Evidence Nos. 1 to 9 of the occurrence of the liability for damages caused by Gap.

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