(영문) 대구지방법원 2015.01.29 2014가단11274

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(영문) 대구지방법원 2015.01.29 2014가단11274

동산인도 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts recognized;

A. On August 30, 2013, the Plaintiff purchased the instant machinery, a secondhand machine, and entered into a contract for the repair of the instant machinery (hereinafter “instant contract”) with the Defendant on November 30, 2013, with the payment period of KRW 85 million on November 30, 2013 (in addition, 40% of them is contracted into a contract as a contract deposit, and at the same time, cash payment is made; KRW 20% of them is paid at the time of completion of assembly; KRW 20% is paid at the time of completion of assembly; and KRW 20% is paid at the time of completion of inspection and completion of trial operation).

B. The contract prepared at the time of the above contract (hereinafter “instant contract”) includes the following:

Article 8 (Termination of Contract) (1) In the case of the Plaintiff, at any time after prior notice was given, the contract may be terminated after the prior notice was given by the Defendant, and the Defendant may not raise an objection or claim damages. (A) When the Plaintiff acknowledges that the Defendant could not perform this contract if there is an unlawful act against the Defendant, the Defendant shall submit the following drawings to the Plaintiff when the Defendant breached this contract (e.g., leakage of secrets, etc.), and the Defendant shall submit to the Plaintiff a plan for the operation and other matters to be observed at the time of design, manufacture, and installation, as required by the Plaintiff, to the Plaintiff’s department that uses the Plaintiff and the purchasing department, respectively.

2) Submission drawings and specifications: The entire assembly drawings, Wheel Had division (or upper, lower, Carrier Unit division, water control division, Dress Unit division, electric charging, and automation division; preparation for replacement parts drawings;

C. The Plaintiff paid the Defendant the down payment under the instant contract, KRW 17 million on August 30, 2013, and KRW 17 million on September 16, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, 2-1 to 3-3, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff asserts as follows.

In other words, the defendant is obligated to submit the mechanical drawing and plan to the plaintiff according to the contract of this case.

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