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(영문) 대구고등법원 2015.04.08 2014나21398
채무존재확인
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

Reasons

1. Basic facts

A. On August 6, 2009, the Plaintiff awarded a contract to the Defendant for construction work at the so-called So-called So-called So-called So-called So-called So-called So-called So-called So-called Salket Power Station to the Defendant at KRW 5.4 billion for construction work.

(hereinafter “instant contract”). B.

The instant contract consists of standard construction contract, general terms and conditions of contract, special terms and conditions of contract, etc. among them, Article 7 of the standard construction contract for the defendant's warranty liability, and Article 26 (5) of the general terms and conditions of contract (hereinafter "the instant clause") are as follows.

(A) No. 1, 2, 3. [Standard Construction Contract]

7. Warranty bond: the defect warranty liability period of KRW 491,00,000 - Article 26 [General Conditions for Contracts] from the date of completion - [Defect security] 2] the defendant shall repair the defect warranty liability period as stipulated in the contract from the date when the plaintiff has taken over the whole object and the date when the completion inspection has been completed, whichever comes first.

(5) The quality guarantee of solar batteriess shall be submitted to the manufacturer's quality guarantee for at least 20 years in consideration of the reduction rate of the efficiency of solar batteriess, and the defendant shall be jointly liable therefor.

- The terms and conditions of the quality assurance: 90% after completion, 25% (the conditions of the examination on the product) - The joint responsibility of the contractor shall be the date when the repayment of the principal and interest of the financial authority is terminated.

C. The Defendant purchased parts 3,935 of the solar batteries (hereinafter referred to as the “clarglar”) from the Tynlar (hereinafter referred to as the “clarglar”) located in the country of Taiwan, and used it to the Corporation in accordance with the instant contract.

The main contents of the quality assurance certificate (No. 2, hereinafter referred to as the "quality assurance certificate of this case") on the cap of this case provided to a buyer by nicotine Solar shall be as follows:

[Written Guarantee]

1. Restricted Products Quality Guarantee - Inwards, repair, replacement, refund, and return shall be guaranteed for three years from the date of delivery.

2. Guarantee of the use of limited electricity;

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