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(영문) 의정부지방법원 2015.12.17 2014가합2218

공사대금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for payment of KRW 292,846,570 and the period from January 1, 2014 to December 17, 2015.

Reasons

1. Presumed factual basis

A. On November 13, 2013, the Plaintiff, the representative director of Defendant B Co., Ltd. (hereinafter “Defendant B”), concluded a contract under which the contract was concluded with the Defendant, setting the Full Color electronic display board (hereinafter “instant electronic display board”) as the down payment amounting to KRW 295,00,000 (excluding value-added tax) and December 31, 2013 as the delivery date, with respect to the construction works manufactured and installed by the Defendant A on the rooftop of the Guri-si Building (hereinafter “instant electronic display board”).

Article 6:Quality Inspection and Guarantee

A. The parts supplied by the Plaintiff must satisfy the quality conditions under design drawings, specifications, and specifications presented by Defendant A.

B. In any case, when it is found that the quality defects have been discovered, the plaintiff must supply the substitute without delay, and the defendant A's damages arising therefrom shall be borne by the plaintiff.

C. Defendant A may return the rejected goods to the Plaintiff.

In such cases, the plaintiff shall bear the costs of freight and return.

Article 13:Cancellation and Termination of Contracts

A. The defendant A may cancel or terminate the contract when the plaintiff is deemed unable to perform the contract because it falls under any of the following:

3 If there is a serious defect in goods supplied by the plaintiff

B. On December 31, 2013, the Plaintiff completed the instant electronic display work.

C. On January 2014, the Plaintiff entered into an agreement with Defendant B on the structural reinforcement of the instant electronic display board and the matters stipulated under the instant special agreement (hereinafter “instant special agreement”).

6. Matters concerning the use of electronic display boards for securing sights; 6-1. The owner of the order shall execute each map of the electronic display boards requested before the existing contract within the permissible range (90 degrees);

On March 18, 2014, Defendant B sent to the Plaintiff a certificate of content that the instant electronic sign board would cancel the instant contract and remove or recall the instant electronic sign board on the ground that it does not conform to the design drawing and structural review.

[Ground for recognition] A.