(영문) 창원지방법원 2021.01.28 2019가합55647

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(영문) 창원지방법원 2021.01.28 2019가합55647

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On March 4, 2019, the Plaintiff between the Defendant and the Defendant, as well as the Defendant, refers to the Plaintiff’s melting method (Metal Ltd.) in which the Defendant uses metal lines of almost the same material as the maternity in the adjoining area of Aluminium robots and the U.S. inflammable gas.

TIGs (TIG) using a non-fluoral trancule (TIG) shall be distinguished from TIGs (TIG) Gasing.

It means a device that enables members to freely return or maintain the location of members, etc. in order to maintain the contact attitude of the melting and shielding.

The Plaintiff entered into a contract with the Defendant to pay KRW 190,00,000 (hereinafter “instant contract”) for the supply and installation of the contact equipment (hereinafter “the contact equipment”). The main content of the instant contract is as follows.

Article 1 (Subject Matter) of the instant contract

1. The defendant shall complete the following goods by suffering them from the place designated by the plaintiff:

(The amount specified in the final estimate for the manufacture of facilities - The name of the goods: - the sum specified in the written estimate for the manufacture of the facilities - including a total of 3 sets, including a surcharge of addition 1, - the place of delivery - The place of delivery means the Plaintiff.

(hereinafter the same shall apply)

Field

2. Contract amount: 190,000,000 won (excluding value-added tax);

4. Delivery period (payment period): - The period of delivery: April 25, 2019 - The completion of trial run at the site of return within 15 days after delivery.

5. Method of payment for advance: Within one month after completion of domestic assembly operation, as a result of the contract, 80% balance of the contract amount: Article 4.

1. The Defendant shall guarantee the responsibility within three months from the date of completion of the construction after completion of this contract, and shall replace the performance defects arising from defects in the construction project not attributable to the Plaintiff during the warranty period without compensation.

2. After the defect warranty period of the equipment installed by the defendant has expired.

유사 판례

-창원지방법원 2021.01.28 2019가합55647

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-서울중앙지방법원 2019.07.24 2019가합515311

-인천지방법원 2015.05.15 2014가합10133

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