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(영문) 서울고등법원 2017.08.23 2017나2014350
물품대금
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 1,636,80,791.

Reasons

1. The reasoning of the judgment of the court of first instance, which is to be presented by this court, is that part of the reasons of the judgment of the court of first instance, including the judgment on the party's allegations and evidence submitted at the court of first instance, is the same as that of the relevant part of the reasons of the judgment of the court of first instance, except for the judgment on dismissal or addition as set forth in paragraphs 2 and 3 below. Thus,

2. Part 2-B(b)(2)(b)(the 11th of the judgment) through 2-C(the 14th of the judgment) of the judgment of the court of first instance shall be written in the following manner:

1) According to the appraisal results and the overall purport of the arguments by the appraiser F of the first instance trial of damage caused by the Kabroke defects, there are 6 defects, such as (1) the Kabro gae 2nd, the Kabro gae 1st in L1st film, and the PC lasts were generated, and the PC lasts were cut off, and there were 10 million won in the mere and the merge of the merge.

(2) According to the results of appraisal by appraiser F of the first instance trial on damage caused by the Katop (Packing) defect, it is recognized that the Plaintiff’s defect inherent in the design, manufacture and supply of machinery and equipment was found that the Plaintiff’s defect was inherent in the course of design, manufacture and delivery of the machinery and equipment at the time of the Plaintiff’s design, manufacture and delivery of the machinery and equipment.

Although it is difficult for the appraiser F of the first instance court to calculate the cost of defect repair in the absence of a repair plan or drawing, the plaintiff's repair cost is less than KRW 200 million, and if a third party's repair is made, the cost will be increased by up to 10%, but it is doubtful that the repair will be completed with a normal machinery in light of the quantity of defects.

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