물품대금
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
judgment of the first instance.
In fact, on March 15, 2016, the Defendant entered into a purchase contract between the Plaintiff and the Plaintiff with regard to Class 8 (hereinafter “instant goods”) of research equipment, such as Magun-gyeongscope, water quality analysis devices, and organizational saving devices, with a contract amounting to KRW 97,850,000, the delivery term was May 6, 2016; the delivery term was set up at the site of installation at the site; the delivery place and inspection inspection institution; and the goods purchase contract with the delivery place and inspection inspection institution as “B” (hereinafter “instant contract”).
At the time of entering into the instant contract, the Plaintiff and the Defendant agreed to include the product specification attached to the tender announcement in the contract.
Of the goods specifications, Paragraph 1 of Article 2 of the Organization Cut letter stipulates, “The original letter of good supply and technical support guarantee issued by the Korea Food and Drug Agency shall be submitted to the supply department and the contracting department when it is supplied.”
On May 13, 2016, the Plaintiff delivered goods to B through C, the Plaintiff’s subcontractor, which is the Plaintiff’s subcontractor. At the time, C opened the goods to verify whether there is any defect in the goods, and C driven the goods at the time, and collected packaging materials for the goods.
On May 13, 2016, the Plaintiff delivered water quality measurement instruments to B through D (the time) which is a manufacturer of goods, and D's employees opened the goods in the presence of the researcher in charge and confirmed whether there is anything wrong.
After the termination of a contract, the Plaintiff supplied the organization saving machine to the Defendant, and the Plaintiff did not submit the original copy of the technical support guarantee document issued by the Korea Food and Drug Import Service on this at the time.
Around May 2016, the Defendant urged the Plaintiff to submit to the Plaintiff the original of the letter of good supply and technical assistance guarantee on several occasions, but the Plaintiff failed to comply with the demand.
On July 20, 2016, the Defendant notified the Plaintiff of the cancellation of the contract, which reaches the Plaintiff at that time.
On June 24, 2016, the Plaintiff filed a lawsuit against the Defendant.