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The above general standard for the acceptance inspection should have been stipulated as a specific condition in the contract
The above general standard for the acceptance inspection should have been stipulated as a specific condition in the contract

When the administrative party required the seller to test the efficiency of the wheel loader at the actual construction site and to dispatch experts to advise and participate in the testing, it is considered that such inspection of the wheel loader is above the general standard for the inspection and acceptance whereby the general functions are tested upon delivery. If the administrative party wishes to do so, it should have stipulated such specific condition in the contract. Since the requirement is not a condition in the contract, the non-compliance may not be claimed against the seller as a termination cause. Therefore, the notice to terminate the contract is unlawful. Nevertheless, when the seller repossessed the wheel loader and the administrative party did not maintain it for use, the parties shall restore the other to the former condition under Section 391 of the Civil and Commercial Code. As a result, the seller may not be required to comply with the contract by demanding for the payment for the wheel loader whereas the seller suffers from the damage, damages shall be stipulated.




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