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(영문) 수원지방법원안양지원 2016.06.02 2015가합102366

손해배상(기)

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 October 11, 2013, the Plaintiff produced multiple emergency call equipment (product model name: ICM-1000; hereinafter “instant product”) between the Defendant and the Defendant (hereinafter “instant contract”) and entered into a contract with the Defendant for the supply of OEM goods (hereinafter “instant contract”).

Article 3 (Product Specifications)

1. The performance and characteristics of the instant product are as shown in the separate product specifications (Evidence A 16) and it is possible to modify and improve the instant product by mutual consultation and confirmation in writing.

2. The product characteristics, installation, and operation environment may differ in its performance and characteristics, and the Plaintiff shall issue the product approval source to the Defendant through the establishment and operation of the site for the product of this case by setting the period of application and operation of the product of this case.

3. The supply, maintenance and repair of all kinds of products shall be conducted on the basis of product specifications and product approval sources referred to in paragraphs 1 and 2 above for the objective determination, and the pilot project prior to the approval of the product shall make joint efforts for the supplementation and determination of product specifications through mutual cooperation and shall be excluded from all the maintenance and repair obligations.

Article 4 (Scope of Sales Places)

1. Scope of places of business of the plaintiff: The plaintiff's total sales board, agency, elevator company, and building owner;

2.There is no limitation on the extent of sale by the Defendant under this Agreement, but in the case of market conflicts between certain customers for whom prior consultation and implementation have been made specifically in accordance with the purpose of the agreement, consultations shall be adjusted.

Article 5 (Maintenance and Supplementary Remuneration)

1. The warranty period for the product of this case is 24 months from the date the defendant released the product of this case.

2. Where significant defects are discovered in the product specifications and product approval sources under Article 3 of the supplied product within the warranty period and even after the expiration of the warranty period, the plaintiff and the defendant shall consult on the causes and measures jointly and shall bear the defendant's expense for defects caused by the defendant's fault.