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(영문) 부산지방법원 동부지원 2017.01.20 2015가합103721
손해배상(기)
Text

1. The Defendant’s KRW 208,441,749 for the Plaintiff and KRW 5% per annum from October 1, 2016 to January 20, 2017.

Reasons

1. Basic facts

A. The status of the parties has been established for the purpose of developing power resources, and have purchased parts necessary for the maintenance, etc. of nuclear power plants from suppliers, such as “B” through its main main office of high nuclear power, the Mine Atomic Energy Headquarters, etc.

The defendant is operating the manufacturing company as the representative of "B (C)" as the manufacturing company, such as power generation facilities that supply parts to nuclear power plants.

D From around 2001, from around 2001, he worked as an employee of the above “B” and was in charge of business, supply, etc.

나. 물품구매계약의 체결 1) 피고는 2003. 12. 1.부터 2012. 2. 14.까지 원고와 사이에 별지1 손해배상 내역표의 기재와 같이 원자력발전소에 사용되는 임펠러, 웨어링, 체크밸브, 오일씰, 풀리, 웜 샤프트, 실린더 헤드, 판형스프링, 송풍기, 바스켓 등의 부품을 공급하는 물품구매계약(이하 ‘이 사건 각 구매계약’이라 한다

(2) The purchase contract of this case is commonly included in the general terms of the purchase contract of this case (hereinafter “general terms of the contract of this case”) with the following terms and conditions: (a) from December 19, 2003 to March 29, 2012, the Plaintiff supplied parts to a nuclear power plant pursuant to each purchase contract of this case.

Article 12 (Quality Guarantee and Factory Inspection) (1) The other party to a contract shall maintain the quality assurance program in accordance with the relevant Acts and subordinate statutes and purchase specifications, and conduct the test and inspection of the contracted goods at his/her own expense.

(2) Unless otherwise stipulated in contract documents, factory tests and factory inspections referred to in paragraph (1) shall be final.

In addition, if the contract special conditions or purchase specifications stipulate the matters of the quality inspection input by the buyer in the process of manufacturing or shipping, the counter-party to the contract shall be the buyer in advance.

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