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(영문) 서울고등법원 2016.11.30 2013나75931
손해배상
Text

1. Of the judgment of the court of first instance, the part against the defendant shall be revoked, and all the plaintiffs' claims corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. Plaintiff A Co., Ltd. and Defendant A (hereinafter “Plaintiff A”)

A) On April 21, 1998, the heat cogeneration equipment (hereinafter “instant power generation equipment”) consisting of the Defendant’s 47MW 2 and 33M steam 1 in the form of 2:1 and 33M steam 2:1.

(2) The purchase contract of this case (hereinafter referred to as “the purchase contract of this case”) stating that the purchase contract of this case shall be completed at the designated location and transferred to Plaintiff A.

AB concluded the agreement.

its key

Details are as follows:

1. Item name: H heat cogeneration power generation facilities;

2. Contract amount: 108,842,80,000 won;

6. Period for warranty against defects: Two years after the completion of works.

7. Contract term: On September 22, 1997 - October 31, 200, the plaintiff and the defendant of the general provision of Article 1 [General Terms and Conditions] Article A of the General Terms and Conditions for the purchase of goods entered into a contract for the purchase of HHrup Electric Power Facilities (including "manufacture"; hereinafter the same shall apply] shall be implemented on the basis of good faith and sincerity as stipulated in the contract document stipulated in Article 4, as regards the purchase contract.

Article 4 Contract Documents

1. Contract documents shall consist of the following documents:

(a) General terms of the contract;

(b) Professional engineer solar documents (including a working design report approved for establishment and delivery);

(c) Minutes;

(d) Article 10 of the Classification of Services; and

1.All devices supplied under this contract shall conform to the design documentation submitted by the contractor (the defendant; hereinafter the same shall apply) and shall be used only as identical or superior to the products supplied to domestic and foreign prisoners at the time of entering into the contract and the designs suitable for the purpose of this contract and the products supplied to them.

Reserve parts shall also be identical or improved with the original product.

2. Matters not specified in the specifications for professional engineers shall conform to the highest practice, and be in accord with the original form and there shall be no defects therein;

3. Matters not specifically stated in this Agreement, such as specifications of professional engineers, the scope of supply, or any other contract (other or special items under any on-site circumstances).

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