beta
(영문) 창원지방법원 2016.02.17 2014나10988

손해배상(기)

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. On November 28, 2012, the Defendant entered into a contract between the Plaintiff and the Plaintiff for the installation and supply of two hot water meters (hereinafter “the instant hot water season”), and completed the installation of the instant hot water season around January 2013.

B. One of the hot water seasons in the instant case occurred from the lapse of one month after installation, and the Defendant received repairs several times, but the Plaintiff purchased and replaced and installed one of the other products on September 29, 2013, and the remainder of the hot water season occurred from October 2013.

C. The Plaintiff’s use of groundwater in the Mourel operated by the Plaintiff, and upon the Plaintiff’s request, the hot water in this case was produced for water supply using the ice lease 304 materials, which are water supply facilities not located within 316 water supply facilities.

The explanatory note attached to the hot water season of this case states that "place with water quality exceeding 15 pm in salt content (Clion concentration)" is excluded from free guarantee, and that "water quality is specified as "I manufacture a design by conducting a separate water quality test with a separate water quality level exceeding 15 pm in a separate order." The plaintiff's Mour water quality is 83.5 p.m. in salt ion.

E. The same hot water source as the instant hot water source was produced and installed by the Defendant at the Domoel using the same source of groundwater as the Domotour operated by the Plaintiff, and the hot water source of the Domotour also occurred as in the instant hot water source.

However, unlike the hot water in this case, the hot water tank was installed along with an expansion tank and auxiliary hot water tank in accordance with the defendant's recommendation, and it was possible to continue the use of the hot water tank through the installation of a drain water tank.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, Eul evidence 1, 5, 8, and 10, each of these statements and images, and the result of the on-site inspection by the court of the trial.