beta
(영문) 광주고등법원 2019.10.18 2019나21797

손해배상(기)

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The Plaintiff, as the parties, has been established for the purpose of developing electric resources and has purchased parts necessary for the maintenance, etc. of nuclear power plants operated by the Plaintiff from the suppliers through the Mine Nuclear Headquarters under its control.

The defendant is a person who registered his/her business under the name of "B (formerly changed: C)" and supplied the plaintiff with parts necessary for a nuclear power plant.

B. (1) The Defendant (B) around March 2009 entered into a purchase contract with the Plaintiff for the supply of parts to be used in a nuclear power plant (hereinafter “each purchase contract of this case”). The purchase contract of this case is attached in front of the sequence set forth below when individually named:

2) After concluding the purchase agreement of this case, the Plaintiff is entitled to convert according to the purchase agreement of this case (hereinafter “instant conversion”).

) and motors (hereinafter referred to as “instant motor”).

(1) On March 20, 2009, the sales contract of this case was commonly included in the purchase contract of this case with the following terms and conditions (hereinafter “the general terms and conditions of this case”) on June 5, 2009: (a) on March 20, 2009, G HH motive 183,000,000 won on June 5, 2009; and (b) on March 20, 2009, each of the purchase contracts of this case includes the purchase contract of this case with the following terms and conditions.

Article 12 (Quality Guarantee and Factory Inspection) (1) Other parties to a contract shall maintain quality assurance programs, as prescribed by relevant Acts and subordinate statutes and purchase specifications, and shall conduct tests and inspections on contract goods at their own expense.

(2) Unless otherwise stipulated in contract documents, factory tests and factory inspections referred to in paragraph (1) shall be final.

In addition, if the contract special conditions or purchase specifications stipulate the matters of the quality inspection entry by the buyer in the process of manufacturing or shipping, the other party to the contract shall submit the production plan to the buyer in advance and at the necessary time.