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(영문) 청주지방법원영동지원 2016.11.11 2016가단805
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that, around September 2012, the concrete purchased from the Defendant was demolished on the floor of the parking lot located in Chungcheong-gun B (hereinafter “instant parking lot”). However, due to the defect of concrete, there was a problem from around B in 2013 due to the defect of concrete, and around March 2015, the parking lot floor was weak so far as it became easy to reach the point of view.

As above, as the defendant supplied defective concrete, the plaintiff suffered a loss equivalent to the expenses that would be incurred in the case of re-breaking the floor of the instant parking lot, and the expenses are at least 50,000,000 won.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 50,000,000 as part of the damages for nonperformance or tort and damages for delay from the day following the delivery date of a copy of the instant complaint.

2. Determination:

(a)The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings as stated in Gap evidence 1 to 3, and 13 to 16 (including each number, if any):

1) On June 7, 2012, the Plaintiff entered into a contract with the Defendant stating that “the Plaintiff shall purchase a concrete amounting to 15,975,000 cubic meters from the Defendant,” and that “the Plaintiff shall purchase a concrete amounting to 264 cubic meters from the Defendant.” 2) On September 19, 2012, the Plaintiff received concrete purchased from the Defendant as above from the Defendant, and performed construction on the instant parking lot floor through Inland C, etc., and performed construction.

3) On July 16, 2015, the Plaintiff’s representative director D sent to the Defendant a certificate of content that “Although the construction of the instant parking lot was carried out by using concrete purchased from the Defendant, there was a defect in which the floor was easily located from March 2015, and up to July 3, 2015, the Defendant is liable for damages therefrom.” (iv) On August 3, 2015, the Defendant is the Plaintiff, who entered into a contract with the Defendant, and the said parking lot was due to the defect in concrete products.

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