(영문) 춘천지방법원강릉지원 2016.09.28 2015가단24801

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원강릉지원 2016.09.28 2015가단24801

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are individuals operating a private taxi in A, and the A individual taxi branch is an organization comprised of persons operating a private taxi in A, and the Defendant is a company with the purpose of developing the NAV system, manufacturing, selling, etc.

B. On December 12, 2013, the Defendant entered into a contract for the supply and installation of goods with the aim of supplying and installing all equipment, such as devices, neons, etc. necessary for A individual taxi branch and brand call taxi business (hereinafter “instant contract”). The main contents are as follows.

Section 2 (Definitions) The definitions of leisure used in this Agreement shall be as follows:

1. The term "terminal" means a device that transmits the present location of a vehicle to the Center in order to identify the location of the vehicle and to load the vehicle at the call center;

Article 3 (Scope of Services of A and B) The scope of this Agreement shall apply to all devices and other accessories, and B (Defendant) shall supply, install, maintain and repair them to A (A individual taxi branch) in accordance with proposals and negotiations, and A shall examine them and pay the price.

Article 10 (Guarantee) The warranty bond shall be 3% of the total contract amount, and the warranty period shall be 24 months and shall be submitted in a certificate of warranty.

Article 12 (Maintenance of Defects)

1. The free repair period of this Agreement is 24 months after the completion of the installation of all devices installed on the call center server and each vehicle. All the liabilities are the Defendant, who is the principal contractor, and cannot be legally challenged, and the product price and the minimum personnel cost cannot be unduly claimed even after 24 months.

2. B shall keep 3% of the contracted quantity of reserve goods at all times during the defect repair period for smooth maintenance and repair thereof;

3. B shall fully transfer related technologies to Gap for emergency repair and shall actively render technical assistance necessary for maintenance and repair.

Article 16 (Compensation for Damages) A and B shall be due to any breach of duty under this Agreement or any one of them.

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