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(영문) 서울중앙지방법원 2013.10.18 2011가합130233
손해배상
Text

1. The defendant

A. Plaintiff A Co., Ltd.: KRW 853,92,994 and 5% per annum from December 1, 2012 to October 18, 2013.

Reasons

1. Facts of recognition;

A. On April 21, 1998, the Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) entered into a purchase agreement with the Defendant on the purchase of the instant power generation facilities (hereinafter “the instant purchase agreement”) with the content that the Defendant completed the construction of the heat cogeneration development facilities (hereinafter “the instant development facilities”) consisting of 47 MW 2 and 33 MW 1 in a designated location (hereinafter “the instant development facilities”). On October 31, 200, the Defendant completed the instant development facilities in accordance with the instant purchase agreement, and was driving from March 29, 201.

B. On January 31, 201, Plaintiff A entered into a comprehensive property insurance contract with Plaintiff B (hereinafter “Plaintiff B”) on the instant power generation facilities (hereinafter “instant insurance contract”). The instant insurance contract consists of comprehensive property risk insurance, machinery risk insurance, business suspension risk insurance, and liability risk insurance.

C. On April 1, 201, at the instant power generation facility around 10:34, one of the bladesings of the pressle 2nd half of the pressle 1st half of the pressle 2 at the instant power generation facility, which was cut off and broken down, damaged the entire pressle while turning back together with the 1st blad, and damaged the whole pressle. A large number of metal materials generated from the pressle flow into the blads, damaged the blads, and caused damage to the blads, due to the high vibration generated from the bladsing of heavy shock, and the operation of the instant power generation facility was suspended from November 1, 2011 to April 16, 201 (hereinafter “instant accident”).

Plaintiff

B paid KRW 8,276,734,589 in total to Plaintiff A in accordance with the instant insurance contract.

[Ground of recognition] A. A., 2, 5, 7, 8, 5.

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