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(영문) 서울중앙지방법원 2015.08.20 2015나11228
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Determination on the cause of the claim

A. On September 19, 2012, the Plaintiff asserted that: (a) the Defendant entered into a contract with the Defendant for the supply and installation of one for emergency power plant (reproduced goods) on the underground of the building located in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-do (hereinafter “instant building”) up to October 30, 2012; and (b) the Defendant entered into the contract for the supply and installation of 26,50,000 won (Additional Tax separately); (c) the period of 24 months or 100 hours prior to the arrival; and (d) the power plant supplied by the Defendant under the said contract (hereinafter “instant power plant”) guarantees the defect of the above power plant (hereinafter “the instant power plant”) during the period of 24 months or 100 hours prior to the arrival; and (e) the Defendant could not accept a request from the Plaintiff’s warranty; (e) thus, (e) the Plaintiff’s declaration of intent to sell the instant plant to 300,50000 won,0000 won.

B. Determination Doctrine, Gap evidence Nos. 2 through 6 (including paper numbers) and video images, and fact-finding results by the court of first instance to Gap are not sufficient as alleged by the plaintiff in the instant development period.

In light of the purport of the entire pleadings, the instant development was determined based on trial operation and test results, etc. on December 14, 2012, and the date of the said contract by the Plaintiff, based on the following facts: (a) there is no other evidence to acknowledge that the Defendant failed to comply with the Plaintiff’s request for warranty; and (b) there is no other evidence to acknowledge it; and (c) rather, in full view of the purport of the entire pleadings in the entries in the evidence No.

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