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(영문) 서울남부지방법원 2019.05.15 2018가단234218
보험금
Text

1. The Defendant: KRW 61,116,00 for the Plaintiff and KRW 5% per annum from December 14, 2017 to July 23, 2018; and

Reasons

1. Facts of recognition;

A. The Plaintiff is a radar that generates radio waves between Company D (hereinafter “D”) and the former Company;

A contract was concluded to provide the test equipment that confirms the transmission of generated radio waves by setting time difference as if actual radio waves enter into, whether the normal operation of the “way detection device” was connected to the direction detection device in order to collect signal signal of the enemy, such as U.S. and radio communications, and accurately identify the location of the device (hereinafter “the test equipment of this case”).

Article 2 (Performance of Contracts) B (referring to the Defendant’s Intervenor) of the General Terms and Conditions of the Contracts (referring to the implementation of the Contracts) shall perform the matters agreed upon with the Party A (referring to the Plaintiff), such as this Agreement, the letter of demand, design drawings, and circuit drawings, and both Party A and B shall perform the terms and conditions of the Contract in good faith.

Section 4 (Inspection and Delivery) 1) B shall be delivered to the place requested by A according to the due date specified in the Request Form attached to this Agreement to require the contractual goods specified therein. 2) B shall, in order to verify the performance of the contractual goods stated in the supply list, conduct a self-testing prior to the delivery date in accordance with the inspection items and testing procedures separately presented by A, and shall request A to conduct an inspection at the time of completion of performance proof.

3) The contractual goods requested for inspection under the preceding two paragraphs need to have a complete function so that the pure inspection period of Party A in relation thereto does not exceed five (5) days upon completion of the Party B’s own inspection. (4) If Party B’s inspection results show that there is any functional defect in whole or in part of the contractual goods to be supplied by Party B, Party B must immediately revise and supplement the defect within 20 (20) days after Party A’s notification.

5) B shall propose A a request for amendment to the terms and conditions of the contract before the delivery date when any change (including the delivery date) occurs. Article 5 (Examination in Section 2 of Article 4 prior to the date of final delivery).

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