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1. The plaintiff's lawsuit against the administrator C of the rehabilitation debtor B, who is the plaintiff's lawsuit taking over the lawsuit against the defendant B.
Reasons
1. Basic facts
A. 1) The Plaintiff (buyer) on March 31, 2010, the Plaintiff (buyer) on March 31, 2010, Co., Ltd. (B; hereinafter “B”).
2) As between the Plaintiff and the Plaintiff, the Plaintiff’s equipment, equipment, etc. attached thereto (hereinafter “instant equipment”) are installed in a watercar, power generator and ancillary equipment, etc. to be installed in a marine minority power plant located in 1, 2, Incheon Cheongjin-gun, Incheon, Incheon.
As to the contract amount of KRW 17,679,80,000 (hereinafter “instant contract”)
(2) The contract amount was finally changed to KRW 25,145,497,088.
) The parts of the contract relating to this case are as follows. The term "defect" in this Article means the condition or characteristics of the goods or services which do not meet the requirements set out in the contract, including insufficient performance, and the omission shall be deemed to have been completed at the time when the performance confirmation is successfully completed after the establishment of the goods in question and all contractual obligations of the supplier [B] except for the obligation to repair defects are fulfilled after the establishment of the goods in question.
2.11.1All machinery and materials supplied by a supplier shall guarantee the defects from the date of commencement of the warranty to four years from the date of commencement, unless otherwise specified in the technical specifications:
(1) Omission of fractional notes
(a) 2.11.2 A shall notify the supplier of the fact within one month from the date of the receipt of the foregoing defect or disagreement, and the supplier shall take necessary measures within 15 days of receipt of the notification or within a mutually agreed period, and A may, if necessary, take conservation measures, such as repair, with warranty bond.
2.11.32.11.1 requires repair, replacement or modification of supplied machinery and materials, on the basis of the supplier's cost.