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(영문) 부산고등법원 2019.07.25 2019나50345
물품대금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasons why the court accepted the judgment of the court of first instance concerning this case are as follows, except where the plaintiff added the following judgments as to the assertion that the plaintiff had repeated or newly made in this court, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The further determination of this Court

A. The main point of the argument is that the design drawing of the instant machine was presented by the Defendant, and the Plaintiff only manufactured the instant machine in accordance with the design drawing presented by the Defendant.

The plaintiff, at the request of the defendant for the reduction of the manufacturing period, changed the quality of the machinery of this case into low carbon lectures in consultation with the defendant, and thereby, manufactured the machinery of this case in accordance with the revised design drawings.

As long as there was a defect in the design drawing itself presented by the Defendant, and the Defendant finally decided to change the material quality of the instant machine, even if there was a defect in the instant machine, the responsibility should be deemed to be the Defendant.

B. Even based on all evidence submitted by the Plaintiff, including evidence Nos. 6 and 17, which the Plaintiff submitted in addition to this court, the Defendant provided the design drawings for the instant machinery to the Plaintiff.

It is insufficient to view that the design drawings provided by the Defendant included the material of the instant machinery in the low carbon lecture.

Rather, comprehensively taking account of the respective descriptions of evidence Nos. 2 through 4 and the overall purport of the argument by appraiser G in the first instance trial, Article 5 of the Framework Agreement on Transactions prepared along with the conclusion of the contract of this case provides that the contract of this case shall include the meeting minutes along with the contract of this case. On the date of the conclusion of the contract of this case, the meeting minutes were prepared between the original defendant in relation to the plaintiff's work under the contract of this case No. 1. 1, and among the major discussions of the above meeting minutes, the "scope of supply" of the instant machine

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