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(영문) 창원지방법원진주지원 2016.04.22 2013가단15278
손해배상(기)
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The status of the parties is an autonomous management body comprised of 750 residents of Jinju-si A Apartment (hereinafter “instant apartment”). Defendant B served as the Plaintiff’s president from January 1, 2012 to September 9, 2013. Defendant Pakistan Development Co., Ltd (hereinafter “Defendant Company”) is a company aimed at manufacturing and selling diesel engines.

B. 1) The Plaintiff, around 2005, does not depend on the number of boiler operators and external power companies on the apartment of this case, and recovered and used heat from the first generation of electricity after using its own power generation facilities, thereby having the effect of energy conservation (the model name: ME3042L1; hereinafter “instant facilities”).

2) On November 25, 2011, the Plaintiff proposed repair of the instant facilities on November 25, 201.

3) On February 2, 2012, the Plaintiff awarded a contract to the Defendant Company with the amount of KRW 66,550,000 for the repair of the installation of the instant facilities, and the repair period from February 2, 2012 to March 10, 2012. The Defendant completed the repair of the instant facilities on March 22, 2012 (hereinafter “instant repair”).

(4) The instant equipment was operated from March 22, 2012 to July 5, 2012 by the Defendant Company’s completion of the instant repair (excluding the period during which the instant equipment was operated by repair due to engine oil from April 7, 2013 to April 9, 2013), but its operation was suspended from July 6, 2012. From August 17, 2012 to January 23, 2013, the instant equipment was operated except for the period during which it was operated for intermittent repairs from January 24, 2013.

C. On November 201, 2013, the Plaintiff filed an accusation against the Defendants to the Seoul District Prosecutors’ Office.

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