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(영문) 창원지방법원 2018.03.22 2016가단11915
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Around June 2015, the Gun Command (hereinafter “Gun Command”) conducted an open bid on two kinds, including aviation guide uniforms, etc., and the Plaintiff was selected as a successful bidder in the said bidding. The Plaintiff entered into a supply contract with the Gun company and the 40 air guide uniforms and 692 air maintenance frequencys (Special Units).

(hereinafter “instant supply contract”). The purchase specifications of goods

3.3.2 The contractor must produce two copies of the product after the contract and obtain confirmation of the demand group before the mass production.

Provided, That when confirming a prototype, the results of the certified institution's sexual records of the original performance shall be submitted, and they shall be collected after obtaining the inspection of the inspector of the military laboratory.

The results and originals submitted shall guarantee that the quality of the entire quantity is the same.

B. On June 25, 2015, the Defendant concluded a contract with the Plaintiff to supply KRW 31,970,400 (hereinafter “instant contract”) to the Plaintiff and 692 air frequency (hereinafter “instant Pacific”) for KRW 31,970,400.

The supplier of the terms and conditions of the contract shall deliver all the specified goods within 70 days ( September 4, 2015) after the contract.

Provided, That the delivery deadline shall be the date of receipt of the sample.

Article 5 (Lash and Standards) Suppliers shall manufacture and supply in accordance with specifications and specifications attached to the contract, and shall be fully responsible to suppliers for their specifications.

C. On July 22, 2015, the Defendant requested the Korea Testing and Research Institute under the name of the Plaintiff to conduct an inspection on the instant Pakistan, and called the first test report on July 28, 2015 (hereinafter referred to as “the test report”).

was issued and delivered to the Plaintiff.

Around July 24, 2015, the Defendant produced two prototypes identical to the samples of the Navy Air Pacific and supplied them to the Plaintiff. On August 6, 2015, the Plaintiff produced the same prototype to the Defendant in producing the instant Pakistan.

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