(영문) 춘천지방법원 2015.07.21 2015가단51350

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(영문) 춘천지방법원 2015.07.21 2015가단51350

물품대금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 11, 2013, the Plaintiff entered into a contract for interior interior interior interior interior interior interior interior interior interior interior interior decoration (hereinafter “instant contract”). Accordingly, the Plaintiff paid the Defendant the remainder of KRW 7,200,000 on November 11, 2013, and the remainder of KRW 17,200,000 on November 29, 2013.

B. The main contents of the instant contract are as follows.

Article 5 Sport Inspection)

1. Upon completion of the construction, “B” (referring to the Defendant; hereinafter the same shall apply) shall request “A” (referring to the Plaintiff; hereinafter the same shall apply) to report the completion of the construction and the progress of the examination, and “A” shall proceed with the examination thereof.

2. The defects arising in the course of the examination process shall be responsible for and complete the repair of defects at the expense of “B”.

Article 6. Remuneration

1. “B” shall be responsible for the repair of any or all of the defects arising within 12 months after the completion of the work.

Provided, That "A" and "B" may separately agree on the extension or reduction of the period for repairing defects.

Article 8:Cancellation or Termination of Spordial Contracts)

1. "A or B" may be terminated or terminated in writing in any of the following cases:

3 Where “A” or “B” is deemed unable to achieve the purpose of the contract in violation of other terms and conditions of the contract.

2. Where a contract is to be rescinded or terminated under the preceding paragraph, one party liable for the damages of the other party shall be liable for such damages;

Provided, That in cases of force majeure, such as natural disasters, liability shall be exempted.

C. On November 28, 2013, the Plaintiff received delivery from the Defendant of a bus subject to the instant contract (hereinafter “instant bus”) pursuant to the instant contract.

After receiving the bus of this case, the Plaintiff requested the Defendant to repair the defects as shown below during the examination process, but the Defendant did not repair the defects.

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