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(영문) 인천지방법원부천지원 2017.05.10 2015가단112469
구상금
Text

1. The Defendant’s KRW 53,500,000 as well as the Plaintiff’s annual interest from September 8, 2015 to May 10, 2017, and the following.

Reasons

1. Basic facts

A. On April 19, 2012, the Plaintiff entered into a contract for the supply of parts with the Defendant (hereinafter “instant supply contract”).

To the extent that the purport is not modified, a part shall be extracted and stated.

The defendant shall deliver the following goods to the plaintiff:

Goods of KRW 0.75KW (1HP) 0.75KW (1HP), KRW 1.5 KW (2HP) 90,000, and all goods of KRW 2.2K (3HP) 112,00,00 in an Ansan-type mother shall be appropriate for the specifications, drawings, specifications, specifications, samples, etc. specified in the contract, and, in the absence of any special agreement, they shall be a new good suitable for the purpose of purchase and use of the project owner.

An ordering person shall give written notice to the supplier immediately upon receipt of any defect arising from the supplier's shipment of the product to the supplier, and the supplier shall be fully responsible when it is found to be a cause attributable to B.

In such cases, the client shall minimize it in consultation with the client.

When making a full-time deduction, the ordering person shall notify in advance a document in writing, and if he/she has an objection, he/she shall file an objection in writing within the specified date, and he/she shall file an objection in accordance with the details of the notification.

Tally: Tallying shall be conducted in accordance with the standard of self-examination by the ordering person.

The examination shall be one of the goods supplied, but in principle, it shall be confirmed.

Provided, That where the whole quantity of inspection is inappropriate or difficult, part of it may be extracted and inspected.

If the results of the examination conforms to the contract, the passing ruling may be judged, and if the inspection has failed, it may be cancelled.

Provided, That where the ordering person deems it inevitable, he/she may re-delivery at the supplier's expense.

In such cases, the supplier shall request re-examination.

The supplier shall be obligated to immediately remove or re-manufacture the product which has failed as a result of the examination, and shall not immediately remove the product which has failed to be removed by 00 days after the occurrence of the failure.

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