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(영문) 서울남부지방법원 2016.10.07 2013가합106469

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 3 through 9, Eul evidence No. 2 to 4, 7, and 8:

The Plaintiff is a company established for the purpose of energy saving industry, etc. and registered as an enterprise specialized in energy saving defined in Article 25 of the Energy Use Rationalization Act. The Defendant has used a boiler that uses mittos oil as fuel (hereinafter “instant oil boiler”) as a person who engages in direct water processing business through studs (referring to the adjustment of width, length, flooding rate, weight, etc. and the structural form of a direct substance by making a heat in a vertical body) in the trade name of “B”.

B. As between the Plaintiff and the Plaintiff on November 29, 2012, the Defendant entered into a contract with the Defendant for the installation of the instant construction costs of KRW 252,827,00 in total amount of the construction costs from December 10, 2012 to January 10, 2013 (hereinafter “instant construction costs”), 252,827,00 in total amount of the construction costs of KRW 163,89,000 in financial costs of KRW 55,00 in total construction costs of electric boiler installation costs of KRW 12,039,390 (financial costs incurred by installment payments for two years), value-added tax of KRW 21,889,800 in total, and less than KRW 390 in total (hereinafter “instant construction costs”). When it is recognized that the Plaintiff’s use of the electric boiler was effective in reducing the level of fuel presented by the Plaintiff, the Defendant entered into a contract for the installation of the instant construction costs (hereinafter “instant installation”).

C. Around December 2012, the Plaintiff calculated the appropriate capacity of the electric boiler installed at the Defendant’s workplace (hereinafter “instant electric boiler”) by 360KW on the basis of the materials, such as the amount of the instant oil boiler used by the Defendant, miter oil oil, and the number of days used luta machinery used, and designed and manufactured the capacity of the electric boiler and installed it at the Defendant’s workplace around February 2013.