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(영문) 서울중앙지방법원 2015.11.12 2015가단2018
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. The Defendant is a system used in air conditioners on the day when he created ice ice ice ice ice in the construction site of the Yongsan-gu Seoul Metropolitan Government automatic urban environment rearrangement project construction site, which is executed by a pair of-use construction companies (hereinafter referred to as “bridge construction”), using ice ice conditioning systems in the night.

On July 22, 2013, a sales contract was concluded with the Plaintiff with respect to the supply, installation, and trial operation of cooling towers (hereinafter “instant contract”) under a subcontract for construction for the entire construction, and the contents relating to the instant contract are as follows.

Delivery Period: Contract amount from July 22, 2013 to May 31, 2014: 324,500,000 won (including value-added tax): Article 3 of the Period of Warranty (36) month from June 1, 2014 to June 1, 2017: 1) B (referring to Plaintiff) (i) obligation for the payment period.

hereinafter the same shall apply.

) A (the Defendant) within seven days from the date of the contract.

hereinafter the same shall apply.

(2) A and B may adjust the period of supply (establishment/ trial operation) by document under mutual agreement, in accordance with the work process at the site, in consultation with the site and the schedule of supply (establishment/ trial operation) of the object of the contract, and in accordance with the schedule approved by A.

Article 20: Special Terms and Conditions 1) A may change the supply period approved under Article 3 according to the field circumstances of Gap. As such, Eul must submit a schedule of supply (establishment/ trial operation) to Gap prior to commencement of the supply (establishment/ trial operation) and obtain Gap’s approval. B. The plaintiff submitted six cooling towers on December 5, 2013 (hereinafter “instant cooling tower”).

(1) bring-in to the first floor of the construction site (hereinafter referred to as “the first entry”);

On January 2, 2014

1. 9.2 times, the cooling tower was carried out on the spot.

C. On August 17, 2014, the Plaintiff: (a) brought the instant cooling tower into the site again; and (b) referred to as “the second bringing in” the cooling tower.

(1) the completion of the supply from the construction of a pair of supply.

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