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(영문) 창원지방법원통영지원 2016.05.19 2015가합10918
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The status of the party is a corporation with the purpose of manufacturing and constructing steel structure for shipbuilding and plant industry, machinery and steel structure, etc., and the defendant is a corporation established for trial operation of vessel.

B. Modern Construction Co., Ltd. (hereinafter “Modern Construction”) with respect to the contracting process of offshore crude oil and gas treatment facilities (hereinafter “Sarb”) ordered construction of a facility for offshore crude oil and gas treatment from Abu Darine Dubine Co., Ltd. (ADMA-OPC), a company operating the ADMA-OPC, which is a company operating the AdMA-OPC. This is a construction of a facility for collecting and transporting crude oil produced at approximately 120km away from Abda to Bwest from the 120km to Northwest.

Modern Construction ordered AB Korea Co., Ltd. ABB Korea (hereinafter “AB Korea”) to install electronic equipment in a container-type structure, Electricous House, during the construction.

AB Korea ordered the Defendant with respect to the construction of heating and cooling cooperation system (HVAC System) (hereinafter “instant construction”) to prevent the malfunction of electronic equipment in Electricous House.

C. The Defendant, including the contract negotiation process between the Plaintiff and the Defendant with respect to the instant construction project, decided to proceed with the instant construction project through a third party’s consignment production (OEM). On February 2, 2014, the Defendant’s visit the Plaintiff’s office to submit a quotation, etc. as to the instant construction project.

Accordingly, the Plaintiff submitted a written estimate to the Defendant five times from March 14, 2014 to November 19, 2014, but the Defendant notified the Plaintiff of the impossibility of concluding the contract with the Plaintiff according to Hyundai Construction, the original owner of the instant construction project, and the intent of AB Korea, around April 2015.

[Reasons for Recognition] The facts that there is no dispute or do not clearly dispute, Gap 1 to 4, and 8 to 8.

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