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(영문) 인천지방법원 2019.12.11 2018나7733
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in the household parts manufacturing business under the trade name of “C”, and the Defendant is a company engaged in indoor construction business.

B. From August 2017 to November 201, 2017, the Plaintiff supplied the Defendant with articles, such as so-called AL branch, to the Defendant, and the amount of goods was totaled KRW 130,337,438.

C. On December 20, 2017, the Defendant prepared a written confirmation that the Plaintiff would pay KRW 50,337,438 of the remainder of the purchase price of goods by December 20, 2017, and thereafter paid KRW 35,000,000 to the Plaintiff.

Defendant A: Plaintiff A and B shall prepare this Agreement on Repair of Defects in order to observe the following matters in good faith:

1. Gap and Eul manufactured even 2124 Aluminium presses, and Sovietative finium (newches, cremations, and kinium kins) supplied to E buildings ordered by Dong located in Gyeongnam-si, Yangnam-si. Eul and Eul supplied them.

2. On March 5, 2018, “A” notified “B” of the following: (a) the intermediate part of the supplied construction works, as well as the defect that the copoper is likely to mislead its customers in the future due to the growing of 2 meters in amlosts aluminium; and (b) he received B.

3.Based on paragraph 2, A and B shall:

B shall conduct a complete study for the 1062 generation supplied by Eul.

- The parts displayed by even the sentences in paragraph 2 are normalized.

(Enforcement on March 12, 2018) . - Of the reasons under paragraph (2), those which are not corrected due to the mistake of a wood mold shall be excluded.

- Of the causes of paragraph 2, the matters with a large width of 2 meters among the caps shall be repaired by mutual agreement between A and B when a problem arises in the future from consumers.

- B shall assume all the civil and criminal responsibilities for all the defect repairs in the future.

- The period of maintenance and repair of defects shall be two years.

A shall request the repair of defects to B and shall be carried out by Party A and the expenses shall be borne by Party B, if Party A fails to comply with the request for repair within 15 days.

- - This site manager shall be the person in charge of the field.

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