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(영문) 대전지방법원홍성지원 2015.06.11 2014가합21
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the business of cultivating me in the D Farming Complex located in Chungcheongnam-gun Hong-gun (hereinafter “instant aquaculture”), and the Defendant is a person running E, a manufacturer and installer of electric power plant.

B. Around December 13, 2012, the Plaintiff entered into a contract with the Defendant for the production and installation of a power generator (hereinafter “instant contract”) with the Defendant and the Defendant to manufacture and install an emergency power generator in order to prepare for emergencies in which power supply is suspended at the instant aquaculture, including value added tax, at the cost of KRW 15.4 million (hereinafter “instant contract”).

C. Around March 2013, the Defendant installed a power generator (hereinafter “instant power generator”) in the instant model in accordance with the instant contract, and the Plaintiff installed an emergency power generator produced in the instant model.

Around that time, the Plaintiff received the above payment from the Plaintiff.

The Plaintiff, at the upper part of the instant cultivation place, installed two cultivation forms in the lower part of the instant cultivation place and four cultivation forms in the lower part, installed six teas (facilities that supply oxygen to the machine), five teas in the lower part, and four teas in the lower part, respectively, and purchased 2.10,000 won in the lower part on May 20, 2013.

E. However, on August 14, 2013, there was an accident in which part of the number of vehicles installed in the instant aquaculture stopped (hereinafter “instant accident”) was caused on R, which was connected to the instant aquaculture (hereinafter “MCCB”). As a result, there was an accident in which a part of the number of vehicles installed in the instant aquaculture stopped (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, each entry of Gap evidence 6, appraiser F's partial appraisal result, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff 1 of the parties' assertion is the difference between the plaintiff 1 and the plaintiff 1 even if the plaintiff is not supplied normally as well as the plaintiff 1.

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