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(영문) 대구지방법원 2017.03.14 2016가단26225
물품대금
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 Plaintiff is a legal entity that operates a telecom with the trade name of “Cromotoel” and the Defendant is a legal entity that installs and sells boilers.

B. Around August 18, 2015, the Plaintiff and the Defendant concluded a “sale agreement of HiOne-70S3 of the Defendant Company’s boiler (hereinafter “instant boiler”) with the following content to establish the boiler in the celbed.”

Article 2(mechanic) Contract Goods: The purchase price under Article 3(Sale Amount and Price Payment) of the HiOne-70S3 Boiler shall be KRW 17,60,000,000, and the down payment of KRW 2,600,000 shall be paid at the time of conclusion of the contract, and the balance of KRW 15,00,000 shall be paid at the time of mechanical operation.

Article 5 (Inspection) (1) The defendant guarantees the quality of machinery to show the performance of mechanical specifications, and the plaintiff shall conduct an examination within five days from the date of installation operation after the delivery to the plaintiff.

(2) If no notice is given even after the lapse of the period specified in paragraph (1), it shall be deemed that the examination passed, and any balance shall be paid within five days from the date on which the transit of the examination is recognized.

Article 6 (Quality Assurance) The defendant shall provide free quality assurance within one year from the date of the delivery of machinery by the quality assurance certificate of machinery supplied to the plaintiff, and shall repair the parts, etc. at actual cost from one year after the delivery of the machinery.

Article 7 (Compensation for Damages) If the Plaintiff’s use of the machinery was remarkably impossible or re-supplyd as a result of the examination, and the performance of the machinery is considerably deteriorated, the Plaintiff shall claim to the Defendant for exchange with the same machinery or return of the machinery.

Article 8 (Termination) (1) When the plaintiff fails to pay the balance of the machinery, the defendant shall immediately recover the machinery installed and bear the expenses incurred in collecting it.

(2) Where this contract is terminated due to a cause attributable to the defendant, the defendant shall immediately return the down payment paid by the plaintiff.

③ If the termination of the contract is due to a cause attributable to the Plaintiff, the down payment shall be owned by the Defendant, and the Plaintiff may request the return.

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