보증금 지급 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff decided to install sewage sludge and food disposal facilities (hereinafter “instant project”) in order to heat organic materials contained in sewage, foul waste, waste sludge, and food waste (hereinafter “sewage sludge, etc.”) generated at a permanent address, and treat them as carbon by recycling them.
B. On February 24, 2006, the non-party Hahtech Co., Ltd. (hereinafter "KoreaHahtech") completed a patent registration on the "the method and equipment for removing pollutants under the manufacture of carbon from organic waste" with respect to the coal shot technology, including sewage sludge, and obtained new technology certification from the Minister of Environment on August 20, 207.
C. On June 16, 2009, the Plaintiff and the Republic of Korea concluded the Technology Use Convention (hereinafter “the instant Convention”) with the purport that the technology related to sewage sludge facilities owned by the Republic of Korea Hadck will be directly produced and supplied to the Plaintiff during the construction period under the contract, which is the technology holder, during the construction period.
On December 28, 2011, the Defendant concluded a contract with the Plaintiff to guarantee the repair of defects (hereinafter “instant defect liability contract”) with respect to slots and food treatment facilities (hereinafter “instant facilities”) supplied to the Plaintiff by the Republic of Korea (hereinafter “instant facilities”) from March 6, 2012 to March 5, 2015, the contract period from December 28, 201 to March 5, 2012, and from March 6, 201, from March 6, 2012 to March 5, 2012; the contract period from March 6, 2012 to March 5, 2015; and the contract period from March 5, 2015 to the contractor in Korea (hereinafter “instant defect liability contract”).
The main contents of the instant warranty contract are as follows.
Article 1 (Guarantee Responsibility) (1) The Defendant shall not perform the obligation to demand the performance of the repair of defects arising out of the fact that the contractor has violated the design documents and other instructions while performing the construction works, etc. mentioned in this Guarantee.