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(영문) 서울고등법원 2017.11.14 2017나2007758

이행(하자)보증보험금

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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On March 14, 2012, the Plaintiff entered into a subcontract (hereinafter referred to as the “instant contract”) with Thai-do Co., Ltd. (hereinafter “ Thai-do”) on the terms of manufacturing, delivering, and ex post facto managing the mutual assistance period (hereinafter “instant mutual assistance period”) including the following contents.

The Co., Ltd. (hereinafter referred to as the “Co., Ltd.”) and the Co., Ltd. A (hereinafter referred to as the “Co., Ltd.”) shall enter into this contract by mutual agreement with the project owner and Eul as the contractor, to faithfully comply with all the terms and conditions of this contract.

1. The basic details of the contract and the payment period (1) contract: Samsung Engineering / Saudidi Maden Roling Poscher, (2) contract details (the name and quantity of equipment): Air Washer, 55 set (3) contract details (the name and quantity of equipment): The full payment of approved design documents, the full payment of the site of equipment, the manufacturing and delivery (tallying) from March 14, 2012 to April 30, 2012: the ex post facto management from March 14, 2012 to April 30, 2012: the installation of contract special engineer (6) contract special engineer (7) and the maintenance and repair manuals, and the maintenance and repair manuals shall be provided to Gap and consumers.

6. Terms and conditions for the classification of payments under the terms and conditions of payment (units: the timing of payment (units of won): 2,157,000,000 30% of cash, intermediate payment 4,314,000,000 of bill after the completion of the bill contract, and the remaining 719,000,000,000 after the completion of the bill operation after the completion of the bill operation;

8. The quality standards and inspection (6) even if the subject matter of a contract was supplied to the site after passing the inspection of the Party A, the user’s failure judgment, assembly, installation, construction, and performance test shall be repaired and replaced at the expense of Party B, and Party B shall report the cause of the defect and the result of the measure to Party A.

10. A quality assurance (1) shall be supplied without delay when the supplied product has been found to fall short of the specifications and to be defective in quality, and shall be caused by this.