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(영문) 대전지방법원천안지원 2016.04.29 2015가합101019
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts are acknowledged in full view of the descriptions of Gap evidence Nos. 1, 4, Eul evidence Nos. 3, 4, and 5 (including branch numbers; hereinafter the same shall apply) and the whole purport of the arguments.

(1) On July 2, 2013, the Defendant, along with a representative director C Co., Ltd. (hereinafter “C”), appears to be the weak in ACC, which is to be supplied from JNK Co., Ltd. (hereinafter “JNK”) to the “DD Construction” under construction by the JNK Co., Ltd. (hereinafter “SCO”).

(3) On April 30, 2014, the Defendant changed the ACC steel structure (hereinafter referred to as the “instant structure”) to be supplied to the “D”) as the subcontractor of DD changed from JNK to FF Co., Ltd. (hereinafter referred to as “F due to the following reasons: (a) the subcontractor of DD changed from JNK to G on January 6, 2015; (b) the production of some of the above facilities was entrusted to E; and (c) the ACC steel structure (hereinafter referred to as the “instant installation”) to be supplied to F Co., Ltd was changed to the F Co., Ltd. (hereinafter referred to as “F”). On August 30, 2014, the Defendant entered into a purchase agreement with the Plaintiff on August 15, 2014, by setting the final payment period of KRW 650,000 (value-added tax separately) as the final payment period of KRW 15,500,000 (value-added tax).

hereinafter referred to as the "purchase Contract of this case" is called the "Purchase Contract of this case"

(i) Article 6 of the General Terms and Conditions of Purchase Agreement (A warranty and compensation ① the period of warranty for defects in this Agreement means the Defendant being supplied.

The same period as the defect repair period of the original office, and the liability for the defect warranty arising from the performance refers to the plaintiff.

(3) At the request of a person who is supplied with goods supplied during the warranty period, the supplier shall immediately repair the goods in a state sufficient for the person who is replaced or supplied with the goods in full at the expense of the supplier.

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