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(영문) 수원지방법원 2015.05.14 2013가합22860
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs the business of recycling, processing and selling synthetic resin, and the Defendant is a company that manufactures and sells plastic pressure withdrawal equipment.

B. On October 201, the Plaintiff, after compressing and crushing waste plastics, purchased equipment (hereinafter “instant machinery”) after “A-PEST EXT,” which is a machine manufactured as a raw material for recycling synthetic resin, and entered into a contract with the Defendant on September 5, 2012 regarding the repair, etc. of the instant machinery and equipment (hereinafter “instant contract”) with the following content.

Contract Name: A-PT SHET manufacture and supply of equipment, installation, and trial operation contract amount: Article 2 [Scope of Contract and Delivery Date]

1. Scope of a contract: See estimates and construction specifications for repair, installation, and detailed specifications for trial operation of facilities after the EXT Ra, A-TPP SHET D;

2. Date of delivery: Article 3 (Date of Work and Compensation for Delay) during the trial run on November 5, 2012.

1. Items to be repaired and repaired under the terms and conditions of the contract shall be installed until October 20, 2012 (excluding trial run), and items manufactured and paid by the defendant shall be completed on November 5, 2012.

2. Where the defendant fails to complete the supply of this contract machinery within the payment period without any special circumstance acknowledged by the plaintiff (as of November 5), the defendant shall, without delay, deduct an amount equivalent to 5/100 of the total amount of the contract with respect to each one day of delay as compensation.

Article 5 【Manufacture】

1. The defendant must work in accordance with the specifications, procedures, and drawings provided at the time of the contract.

[Supplement] Article 6 [Supplement] If there is a difference in matters requested by the plaintiff concerning the object supplied by the defendant or improvement matters, the plaintiff may request the defendant to supplement them, and the defendant shall confirm the possibility of application, and shall reflect it as much as possible after mutual consultation.

Article 7 (Approval) The defendant shall have the device as an authorized object.

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