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(영문) 대전지방법원천안지원 2020.12.17 2020가합233

하자이행 보증보험 증권 제출의 소

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The part of the claim for the submission of the warranty insurance policy in the lawsuit of this case is dismissed.

The plaintiff's remaining claims.

Reasons

1. The names, specifications, and specifications of the goods to be supplied to the Plaintiff by the Defendant under Article 2 (Indication of Contract Goods) of the facts are as follows:

1) The name of the goods: KT-600 CNC Povel Plac 2: Article 3 (1) of the ETT (Contract Amount and Payment Terms) 185,000,000 won (excluding value-added tax) 1) contract deposit: the Plaintiff pays the down payment of KRW 55,50,000,000, which is 30% of the supply price to the Defendant at the same time as the contract is entered into and at the same time the contract is concluded. 2) The Plaintiff pays the down payment of KRW 74,00,000,000, which is 40% of the down payment at the time of import of flama: the Plaintiff pays the down payment at customs clearance.

3) The remainder: The defendant shall submit the warranty insurance policy to the plaintiff after the completion of a trial run, and the plaintiff shall pay the remainder of 5,500,000 won to the plaintiff after receiving it. Article 5 (Defect Guarantee Period) A) The defendant shall guarantee the warranty period for the goods supplied to the defendant for 12 months after the trial run, and shall guarantee its performance.

except that the following shall not be responsible:

(i) trouble due to care failure or impairment 2) which has been remodeled or has been caused by repair, and damage 3) which has been caused by voltages or other special external factors, 4) due to care by users;

A. On April 16, 2011, the Plaintiff entered into a contract with the Defendant to purchase the “KT-600 CNve Plave Plas Plac Machine” (hereinafter “instant machinery”) at KRW 203,50,000 (i.e., contract amount of KRW 185,000,000 value-added tax of KRW 18,500,000) (hereinafter “instant sales contract”). The main contents are as follows.

B. From May 30, 2011 to June 2, 2011, the Defendant installed the instant machinery, and completed the test and test of the instant machinery from June 3, 2011 to June 4, 2011.

2011-04-18 30,00,000 won 6 201-01-09-27 10,000, 2000 won 7 201-18-18,500,000 won 7201-11-25,000, 3201-26 15,000,000 won 8208-275,000,000 won 8201-26,000,000 won 8208-275,000,000 won 4201-2635,000,000 won 4201-2635,000,000, 205-074,005-0,000 won 105-10,005,010-10,000 won