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(영문) 창원지방법원 2015.10.08 2014가합3078

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 31, 2013, the Plaintiff entered into a contract with the Defendant for the purchase of goods with the content that the Plaintiff would deliver the Defendant “building content 2 sets” at KRW 105,429,280, the Armed Forces Finance Management Body of the ordering agency, the Maritime Rescue Team, and the delivery deadline as of August 16, 2013 (hereinafter “instant contract”).

이 사건 텐트는 재난구조 현장에서 구조요원 및 환자(익수자)가 체온을 보호하고 휴식하기 위한 것이고, 공기주입식 에어빔구조로 메인텐트, 추가텐트 3개, 터널형텐트가 한 세트로 구성되어 있으며, 메인텐트는 링크어뎁션, 창문 및 메쉬망, 컴포터 어닝, 익스텐션 어닝, 프런트 월, 레인 어닝, PVC 바닥, 지퍼식 바닥 등으로, 추가텐트는 링크어뎁션, 창문 및 메쉬망, 컴포터 어닝, 프런트 월, 지퍼식 바닥 등으로 구성되어 있다.

In addition, the air conditioners, heating, sirens, repair height, etc. were designated as additional supply goods.

B. On August 16, 2013, the delivery period of the instant contract, the Plaintiff failed to supply the instant content by no later than August 16, 2013. On November 20, 2013, the Defendant’s inspection of the instant content was conducted on the instant content, which was conducted on November 20, 2013, and the decision of failure was made for the following reasons. The submission of the attached document - the state of original condition, such as the inspection report and the manufacturer’s certificate (e.g., quality guarantee certificate in which the size, such as form, performance, specifications, etc., is stated), and subsequent to February 28, 2014, the instant content was re-tally examined, but the determination was rendered on the instant content due to the following reasons.

- Failure to submit a final product inspection and test report (a report stating the size, such as shape, performance, specifications, etc.) at the time of inspection - failure to submit a report on the site - failure to submit a product description - failure to submit a product description, shape, performance, specifications, directions for use, etc.