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(영문) 서울중앙지방법원 2018.12.13 2017가단5087773
손해배상(기)
Text

1. A. The Defendant (Counterclaim Plaintiff) Co., Ltd. and the Defendant C, jointly and severally, shall be KRW 65,000,000 to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. (1) On September 19, 2016, the Plaintiff entered into a contract for the installation of a burner (hereinafter “instant contract for the installation of a burner”) with the Defendant Company, the contract amount of KRW 100,000,000 (excluding value-added tax), and the date of commencement September 19, 2016; the date of completion; October 29, 2016; the contract period from September 19, 2016 to October 29, 2016; and

The Defendant C concluded a contract. Defendant C jointly and severally guaranteed the obligation to the Plaintiff of the Defendant Company according to the Berner installation contract. 2) The written contract on the Berner installation contract of this case includes the following:

Article 7 [Damages] ① The defendant company shall compensate for the plaintiff's damage caused by non-performance, delay or defect repairs exceeding the warranty bond in relation to the performance of the contract.

② In the event that the Defendant Company fails to perform the fire supply contract for fuel (E), the contract shall be automatically terminated, and all the paid down payment and the equipment shall be refunded in cash to the Plaintiff, and the Defendant Company shall recover the equipment.

(4) The amount of compensation for damage under paragraph (2) shall be calculated based on the current market price under an agreement between the plaintiff and the defendant company, and may be adjusted before and after the plaintiff's expense, and may be deducted from the

⑤ The Defendant Company shall compensate the Plaintiff for any loss that falls short of performance guarantee requirements.

Article 9 [Completion Inspections and Completion Inspections by Process] (1) Completion Inspections shall be conducted by the plaintiff or a person designated by the plaintiff, upon the request of the plaintiff or the plaintiff, after completion of installation of facilities including machinery and materials of this Corporation.

Article 10 [Performance Guarantee] Performance Guarantee shall be equivalent to [Attachment 4], and in particular, the defendant company shall guarantee performance for the relevant item specified.

The defendant company shall compensate for the plaintiff's damage caused by lack of performance.

Article 11 [Guarantee of Defects] ① The defendant company establishes a plan for the restoration of facilities immediately after the plaintiff's notification of defects.

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