손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 14, 2017, the Plaintiff entered into a contract with the Defendant, a construction company of cooling and heating apparatus and boiler, etc., for the installation of a new renewable air pumps boiler (see, e.g., total construction cost of 21.5 million won, Gap evidence 7; hereinafter “boiler contract”), and on November 6, 2017, for the supply of new energy (see, e.g., total sales price of 24 million won, Gap evidence 3; hereinafter “solar agreement”).
B. The Defendant completed the installation of air heat pumps and solar energy under each of the above contracts. The Plaintiff paid the Defendant the total construction amount under the boiler contract (21.5 million won) and the sales price of KRW 24 million under the solar agreement, respectively, to the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 7, Eul evidence No. 3, the purport of whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) Unlike the Defendant’s promise, the boiler facilities installed by the Defendant under the boiler contract, including the boiler, were almost 150 percent in barracks, making it impossible to use the boiler facilities. Furthermore, the water temperature did not exceed 50 degrees, and there was no electricity reduction effect, such as the volume of electricity used over five times in the previous month for the reason of exceeding the electric capacity, etc. The Defendant breached the contract to install a defective boiler or to install a boiler with a certain performance. Thus, the Defendant is liable for damages due to defects or nonperformance. (2) Although the electric facilities installed by the Defendant under the solar agreement were serious defects, such as that the rainwater flood continues to exist due to the failure to perform the works on the basis and the damage to the roof was serious due to repeated consent, the Defendant rejected the Plaintiff’s request for repair of defects.
solar energy under solar contracts.