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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 6, 2009, the Plaintiff awarded a contract to the Defendant for the construction work of the Youngjin Solar solar power plant (hereinafter “instant solar power plant”).
(hereinafter referred to as “instant contract”). The Defendant’s warranty liability under the instant contract is stipulated in Article 7 of the Standard Construction Contract and Article 26 of the General Conditions of Contracts, and the details thereof are as shown in the attached list.
B. The Defendant purchased 3,935 solar batteries (PV cands; hereinafter referred to as the “instant solar power plant”) as parts necessary for the process of the electricity production of solar power plants from the Tynglar (hereinafter referred to as the “Tynglar”) located in the large country, and installed in the solar power plant of this case.
C. The Defendant completed the construction work of the instant solar power plant on September 15, 2009, and the Plaintiff started the commercial operation of the instant solar power plant from that time to that time, and has been operating until now.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 8 and 9 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. Article 7 of the standard construction contract of the Plaintiff’s assertion provides that the warranty period of defect liability shall be three years from the date of completion, but Article 26(5) of the General Conditions attached to the Standard Construction Contract (hereinafter “instant provision”) that have the same effect as that attached to the Standard Construction Contract provides that the warranty period of defect liability for three years from the date of completion shall not be applied to the defects in the caps of this case, unlike the defects that may normally occur.
In addition, the term "quality assurance" in the provision of this case includes that the defendant bears incidental expenses, such as transportation costs and installation costs for the replacement, etc. of the cycle of this case.
Therefore, the transport cost, installation cost, and other incidental costs are required to replace the cap of this case.