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(영문) 부산지방법원 2019.02.01 2018나45015
물품대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts - Contract amount and payment terms - Contract amount 35,00,000 won for down payment, value-added 3,50,000 won for value-added tax - Contract deposit: 50% of the contract amount, remainder: Items supplied by Article 3 of the supply after the supply and the test are completed - The plaintiff supplies all the "Integrated Mos and Software of the Electrical Team" to the defendant.

Article 4 (Quality Standards and Inspection - The plaintiff shall place emphasis on the performance and aesthetic view in accordance with the defendant's quality assurance procedure.

1) The Defendant’s interim inspection and final inspection must be completed. 2) The term “final inspection” means an inspection conducted after unloading, installing, or completing a trial at a place designated by the Defendant.

3) The Plaintiff is liable for the Defendant’s safety accident that occurred in the course of a trial operation due to the defect in the subject matter of a contract. A. On September 30, 2015, the Plaintiff is liable for the damages incurred to the Defendant. The Plaintiff entered into an agreement with the Defendant, under which the Plaintiff would supply the Defendant the “integrated fastens (location and rylates) and software of the electric panel” to the Defendant until January 30, 2016 (including value-added tax) KRW 38,50,000 (hereinafter “instant agreement”).

B. The main contents of the above contract are as follows, and the Plaintiff was paid 19,250,000 won as down payment by the Defendant.

B. On January 2016, the Plaintiff produced and supplied the integrated ruptures and software of the electricity panel pursuant to the instant contract. However, the Defendant requested that the Plaintiff’s products be supplemented by the occurrence of t or dupture phenomenon, and install a voltage current display meter. The Plaintiff improved products or supplied products with electric voltage current display meters by August 2016.

C. In addition to the error or new function of the product as above, the Plaintiff visited the Defendant Company to test whether the product works, such as conducting trial operation, by setting up the product. The Defendant on February 2017.

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