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(영문) 서울남부지방법원 2017.10.20 2017가합104096
하자이행청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a corporation that operates the business of manufacturing and selling the mutual aids, and the defendant is a person who operates the "C" business of developing and installing the program.

B. On September 5, 2014, the Plaintiff, from the Defendant, is the weak of the PLC Progrative Liberic Controler, produced by the Japanese company’s PLC (PLC).

Upon receipt of 2 sets, the Defendant entered into a “development agreement” under which the Defendant’s development is to receive the above PLC’s common use program, and the main contents are as follows:

(hereinafter “instant contract”). On November 5, 2014, the Defendant delivered the program developed through the final trial run to the Plaintiff.

A development contract.

1. Name of development: D;

3. Period of development: The payment period on September 5, 2014: the date specified as the date of the contract: 2004. It appears to be a clerical error.

9. 30. (Completion of revision thereof within 30 days after the delivery of goods);

4. Contract amount: 12,00,000 won: Value-added tax of 12,00,000 won: 1,200,000 won.

5. Defect Security Liability Period: The defendant under Article 5 (Delivery of Development Samples, Design Documents, etc.) of the Agreement for the Development of a Joint Helper for one year after the commencement of delivery of the commercial goods shall deliver to the plaintiff the samples and the complete design documents or material corresponding thereto, within 30 days after the expiration date of this Agreement.

Article 15 (Basic Design for Development) The proposal for the development of the control system for the Untainment and Fire Fighting Force shall be referred to in Article 15.

1. He/she shall develop control systems (including Sensor) to which the PLC-Risker applies in order to perform various driving features in the human air conditioning devices produced by the plaintiff in the objective of development;

(hereinafter omitted)

C. On June 4, 2015, the Plaintiff requested this court to provide a program that meets the contract content on May 29, 2015 by ascertaining that the program supplied by the Defendant on or around April 2015 falls short of the function stipulated in the instant contract. However, the Defendant asserted that the contract content was modified, and the Plaintiff’s demand was made.

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