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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is a person who operates a business using heavy equipment in the trade name of “C”, and the Defendant is a corporation that provides trade services, etc.
B. On June 4, 2014, the Plaintiff’s principal specifications, applicable specifications, and selective specifications attached to a contract signed between the Defendant and Sweden D (hereinafter “the instant shop”) to purchase the F tea manufactured by the Defendant and Sweden D (hereinafter “the instant shop”).
(hereinafter “instant contract”) was concluded, and the main contents are as follows:
Article 1 (Indication of Goods) MAF DF D FORF 30 TTRUK 30 TTR 1 UNCITR 284,000-H (SWEN)-H (SWEN)
1. Height: 450m, the minimum height of mast: 3500m, 3500m, freeboard: 1700m;
2. Poisk: 250 】 110 】 1800 m additional set;
3. TYRE shall be TUBEES TYRE, 33 PEY;
4. Domestic installation costs of air conditioners shall be borne by the Defendant.
5. The mode of choice on the original table shall be supplied including both.
Article 2(Price and Price Conditions) 4(Performance Change) of the EUR 284,00.- (or 415,000,000 won) after customs clearance of F1 Unit and the amount includes customs clearance costs, but is not included in this amount, the Defendant may not change the costs and performance that the Defendant submitted to the Plaintiff without the Plaintiff’s written consent.
Article 5 (Inspection and Acquisition of Equipment) The transferee of equipment shall complete the examination of the Plaintiff after the trial operation at the site of the Plaintiff’s use.
Article 6 (Education on Guidelines for Assembly and Operation of Equipment)
1. After the arrival of equipment, the Defendant shall dispatch the Defendant’s technical team to the Plaintiff’s designated place to provide the Plaintiff with education on the assembly and operation of equipment.
2. The defendant shall provide operational guidelines and maintenance training at the site of the plaintiff's use.
Article 7 (Performance Guarantee and Defects Guarantee)
1. The defendant, on behalf of the SCEN, guarantees that this contract equipment display the quality and performance by adding it to new products.
2. The defendant assembles equipment.