(영문) 대구지방법원 2018.11.07 2018나307882

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(영문) 대구지방법원 2018.11.07 2018나307882

건축에관한 소송

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Basic facts

A. At the end of 2014, the Plaintiff requested the Defendant to manufacture the products, such as an Acryle, an Acryle, the current status plate, etc., stating the decoration, etc. of the “TOPR UN FAOLY” and the Defendant.

B. Until the end of February 2015, the Defendant completed the manufacture of the product requested by the Plaintiff and delivered all of them to the Plaintiff. There was a defect in distribution due to the defect in the distribution of the output from the liquid delivered by the Defendant, and there was a defect in the frame and color change from the current status plate of the overseas corporation delivered by the Defendant.

C. On May 18, 2016, the Plaintiff requested the Defendant to repair the defects in the amount and the current status plate where the defect occurred as above.

[Ground of recognition] Facts without dispute, Gap 1 evidence, Eul 3 evidence (including each number), the purport of the whole pleadings

2. The plaintiff asserts that the plaintiff is obligated to pay the cost of repairing defects arising from the product, such as the liquid and current status plate, supplied by the defendant to the plaintiff, and damages for delay from the day following the delivery of the complaint of this case.

In this regard, the defendant asserts to the effect that the plaintiff's claim for repair of defects and damages were extinguished because the period during which the plaintiff can claim for repair of defects and damages has expired.

3. Determination

A. First, we examine whether the exclusion period has lapsed.

B. The so-called production supply contract under which one of the parties agrees to supply goods made of his own use of his own materials according to the order of the other party and the other party shall pay the price for the manufacture. Since the nature of the contract is of the nature of the transaction in terms of the supply and sale, and the nature of the transaction and the transaction is of the nature of the transaction, the applicable law applies to the case where the goods to be manufactured and supplied by the contract are substituted by the goods to be manufactured and supplied by the contract, but to meet the demand of

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