logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.04.12 2014가합592429
부당이득금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On September 18, 2007, the Plaintiff entered into the instant supply contract and LTSA contract (i.e., the conclusion of the instant fuel cell) with the Defendant on September 18, 2007, the Plaintiff: (a) between the Defendant (UBP), and the Plaintiff; and (b) between the Defendant and the Plaintiff, the Defendant, comprising fuel supply engines (MBOP), ice Mole, electricity converters (EBOP), etc. (hereinafter “instant fuel cell”). 3000 fuel cell.

(1) The supply contract of this case (hereinafter referred to as “instant supply contract”) under which one machine is supplied to KRW 10,802,000 (including value-added tax).

The contract of this case was concluded. The main contents of the contract of this case include the Plaintiff and the seller refer to the Defendant respectively (hereinafter “Buyer”).

(2) [General Conditions of Contract] Article 9 (Performance Inspection) (2) If the preparation to conduct a preliminary acquisition inspection is completed after the completion of the installation site of a facility, the buyer shall issue and deliver to the seller a confirmation of completion of the installation work at the discretion of the buyer by the provisions and methods prescribed in Annex 2 attached to the “facility Purchase and Supply Contract”. If the installation at the site is not in compliance with the provisions set out in the main sentence, the seller shall demand the buyer to correct the installation if the installation at the site is installed in breach of the provisions set out in the main sentence, and the buyer shall promptly correct the completion after taking into account the schedule of preliminary acquisition and final acquisition inspection. (4) If the installation at the site is completed after the completion of the preliminary acquisition inspection, the buyer shall issue the final acquisition confirmation in attached Form 2 at the discretion of the seller and issue it to the seller.

(5) A seller shall supply and install facilities specified in the "contract for the purchase and supply of facilities" except for the "liability for repair of defects" in Article 11 by receiving a written confirmation of final takeover from a buyer.

arrow