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(영문) 서울고등법원 2020.04.09 2017나2064010
계약해제무효확인
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the court’s explanation as to this part of the facts is as follows, except for the cases where part of the facts are rewritten or added as follows, and it is identical to the part of “1. Recognizing facts” from Part 6 to No. 4 of the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420

An abbreviationd name established in the judgment of the first instance is also used below the same.

[Supplementary or supplementary parts] “D” in Section 7 of Section 2 of the judgment of the court of first instance shall be added to “D” (hereinafter “instant equipment”).

Part 2 of the judgment of the first instance, the "requirements-gun" in Part 13 shall be added to "Demand-gun".

The third side of the judgment of the first instance is as follows: “The plaintiff shall add “from October 27, 2014 to November 16, 2015”.

Part 3 of the judgment of the first instance, the term "F" in Part 13 shall be changed to "F" (F; hereinafter referred to as "F").

Section 3 of the judgment of the first instance court, Section 1 of Section 3, R, hereinafter referred to as “H”).

"Flags".

Part 4 of the first instance judgment, "B" number, including each number of "(3)", shall include each number; hereinafter the same shall apply.

shall be written with "Admony." On No. 3 of the first instance judgment, the "witness" shall be written with "Admony of the first instance court".

2. Summary of the plaintiff's assertion

A. 1) The Plaintiff, on October 28, 2014, installed the instant equipment in both units affiliated with the Defendant’s Air Force Weather Group, but the Air Force Weather Group rejected the inspection and technical inspection, and rescinded the instant contract on the ground that the supply was not completed within the time limit set by the agreement on November 10, 2015. However, the determination that the instant contract special terms and conditions require the performance of a test to be conducted is the general terms and conditions of the purchase (manufacture) agreement applicable to the instant contract (amended by the Ordinance of the Ministry of Strategy and Finance No. 168, Jan. 10, 2014; hereinafter “general conditions”).

(3) Upon receipt of notice under paragraph (1), a public official in charge of contracts under Article 19 (3) 1 of the General Conditions.

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