logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2020.05.28 2019나21065
보수공사비
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of first instance for the acceptance of the judgment is as follows: (a) each of the "this court" in the last sentence of the third main sentence of the judgment of first instance shall be dismissed as "the first instance court"; and (b) the plaintiff added "additional Judgment" as to the assertion added to this court; and (c) therefore, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, except where the plaintiff added "Additional Judgment" as

2. Additional determination

A. The gist of the Plaintiff’s assertion is that Article 10(1) of the construction contract of this case provides for the warranty liability for the defects in construction. Thus, the defects or quality of the caps itself generated in the caps of this case are subject to warranty liability for 20 years from the date of notification of the acquisition of solar power plants of this case pursuant to Article 10(2) of the construction contract of this case.

In addition, in light of the fact that the quality guarantee certificate of this case is merely a quality guarantee certificate that the manufacturer delivers, and that the plaintiff is difficult to ask the non-party company that is a foreign company for direct warranty based on the quality guarantee certificate of this case, it cannot be viewed that the defendant is exempted from the liability for warranty under Article 10 (2) of the contract for the construction work of this case.

Therefore, the Defendant is obligated to pay the Plaintiff expenses incurred in replacing the instant ruptures and damages for delay pursuant to Article 10(2) of the instant construction contract.

B. Determination Does, Gap evidence 1, Eul evidence 1, Eul evidence 1, Eul evidence 1, 2, and 5 (including numbers), the results of the inquiry and reply to the FResearch Institute president of this court, and the overall purport of the arguments as follows: ① Guarantee for the "defects itself" means a guarantee for the defects, such as the defects of solar batteries themselves arising from any defect in the material quality or manufacturing process of solar batteries, for example, the quality of materials, stuffs of materials, and the tamping and damage of materials.

arrow