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(영문) 광주고등법원 2019.11.01 2018나25495

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a company that is engaged in the development, etc. of electric resources. The Defendant supplied the Plaintiff with nuclear measuring instruments necessary for the “E” located in the Gyeongjin-gun located in the Gyeongjin-gun and the “F” located in the Gyeongnam-gun located in the Namnam-gun (hereinafter “instant product”).

B. From July 20, 201 to November 15, 2012, the Plaintiff entered into a purchase contract with the Defendant for the purchase of the instant products used by the Plaintiff for a nuclear power plant (hereinafter “instant purchase contract”), as indicated in the list of “purchase Contracts” in the attached Table, and the instant purchase contract commonly includes the following general terms and conditions of the purchase of the instant goods (hereinafter “instant general terms and conditions”).

Article 12 (Quality Guarantee and Factory Inspection) (1) of the General Conditions for Goods Purchase Contracts (1) The other party to the contract shall maintain the quality assurance program in accordance with the relevant Acts and subordinate statutes and purchase specifications, and shall perform the tests and inspections of the contracted goods at his/

(2) Unless otherwise stipulated in contract documents, factory tests and factory inspections referred to in paragraph (1) shall be final.

In addition, where the matters of the quality inspection input by the buyer are specified in the contract special conditions or purchase specifications, the counter-party to the contract shall submit the production plan to the buyer in advance and request the buyer to conduct an inspection at the necessary time, and the matters requiring an interim inspection shall not continue the production without completing the interim inspection.

(3) Except as otherwise provided, the other party to the contract shall deliver only the goods which have passed the test and inspection, and shall attach a certificate of test and inspection signed by the responsible person.

Article 35 (Liability) (1) The other party to a contract shall be the other party to the contract in connection with the implementation of the contract.