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(영문) 춘천지방법원강릉지원 2020.02.11 2019가단33995
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 13, 2017, the Plaintiff and the Defendant concluded a repair contract with the Plaintiff’s facility relating to the geothermal pumps (hereinafter “instant contract”) and paid KRW 44 million to the Plaintiff. On February 13, 2018, the Defendant did not normally operate the light boiler and paid the 35 million oil cost while operating the light boiler additionally.

Therefore, the Defendant is obligated to pay to the Plaintiff the repair cost of KRW 4 million plus KRW 79 million, plus KRW 35 million for oil, as well as damages for delay calculated from September 1, 2018, after the defect repair deadline.

2. Generally, who is a party to a contract is a matter of interpretation of the intent of the party involved in the contract. The interpretation of an expression of intent clearly establishes the objective meaning that the party has given to the expression of intent. In a case where the parties to a contract have written a certain contract in writing, which is a disposal document, it shall not be cited in the phrase used in the document, but shall reasonably interpret the objective meaning that the parties have given to the expression of intent according to the contents written in the document, regardless of the party’s internal intent. If the objective meaning of the text is clear, barring special circumstances, the existence and content of the expression

(See Supreme Court Decision 2009Da92487 Decided May 13, 2010). Comprehensively taking account of the respective descriptions and arguments in the evidence Nos. 1, 2, and 5 of the instant contract, the contractor indicated “C” as the first head of the instant contract, and the contractor’s address in the signature column is also called “C” D, which is the location of the principal office of the C Co., Ltd. (hereinafter “C”), and the contractor’s name “CB” is affixed with the corporate seal affixed by “C”, and the repair is delayed, the Plaintiff also urged the “B LA” to perform the construction work by designating the receiver, and accordingly C(State) is accordingly urged on February 9, 2018.

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