logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 (청주) 2021.01.13 2020나1166
손해배상 청구의 소
Text

Of the judgment of the first instance, the Plaintiff’s KRW 77,093,397 against the Defendant and its related thereto from May 13, 2017 to January 13, 2021.

Reasons

1. Basic facts

A. On July 20, 2015, upon the Plaintiff’s request, the Republic of Korea (Public Procurement Service) concluded a boiler supply contract with the Plaintiff as an end-user institution. The Defendant’s “B business” is to establish a system that sets up a system that sets up a system that sets up an appropriate energy level by reducing a maximum of 1/3 of the sludge by operating a boiler again with mertan gas generated in the process of fire extinguishing, decomposition, and (fire extinguishing) the high-pressure germs of the Defendant’s “B business.”

(hereinafter referred to as the “instant project”): A contract under which the instant boiler type 1 (hereinafter referred to as the “instant boiler type”) is to be supplied to KRW 541,200,000 (hereinafter referred to as the “instant contract”) among the government-funded materials, was entered into: The title of the zero contract: The single unit price of the associated boiler purchase : 541,200,000 won for the co-owned boiler type: August 8, 2016 (the manufacture and installation completion date: from March 9, 2016 to August 8, 2016): The condition of delivery: the installation of the site level [Special Conditions for Conditional Driving Contracts] Article 5(1) of the instant contract shall be proved to be the performance of the goods to be supplied during the trial operation, and the performance of the goods to be supplied to the other party during the trial operation.

(3) Where the performance of a trial run falls short of the performance of a contract, the other party to the contract shall take measures accordingly until he/she passes the trial run.

Article 6 (Performance Guarantee) (1) The other party to a contract shall guarantee the performance of the goods supplied until the time when the trial is passed.

(proviso) The main contents are as follows:

B. When the installation of the boiler in this case was delayed due to delay in the supply of boiler and extension of the supply deadline, the Plaintiff and the Plaintiff and E Co., Ltd. (hereinafter “E”) of the responsible construction management entity of the instant business repeatedly requested the installation of the boiler from March 24, 2016.

2) After the Defendant brought the boiler into Korea on April 12, 2016, the installation of the boiler continued to be delayed, and the Plaintiff was the Energy Corporation on June 13, 2016.

arrow