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(영문) 서울고등법원 2016.09.30 2015나30185

추심금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. From August 200, the Defendant is a public bath (hereinafter “instant public bath”) with the trade name “C” from Masung City from August 1, 2000 to Mariwon Co., Ltd. and Defendant’s supply contract 1)

(2) On July 21, 2014 and March 30, 2015, the Defendant and the Liwon Co., Ltd. (hereinafter “Liwon”) concluded a contract with the Defendant for installation of the Hiwon in the instant bath (hereinafter “instant contract”) by providing the Defendant with the Hiwon with the content as follows (including the revised content under the agreement made on March 30, 2015) (hereinafter “instant facilities”) as the water supply of hot water using the gas boiler, including gas, charge, electric charge, etc.

(1) No. 1, 2) No. 1, 1, 1, 200

Article 2(1)3 of the General Conditions (Article 2(1)3) of the Act). (2) The Defendant shall conduct a completion inspection upon completion of the installation of the instant facilities (Article 10 of the General Conditions) and approve the completion of construction unless the following is more than:

(3) The Defendant shall pay the 12,958,796 won per month to the riwon for 36 months after granting approval for the completion of the instant facilities (hereinafter “the construction price of this case”).

(General Conditions Article 12(1) of the General Conditions and Article 1(4) of the Special Conditions (see Articles 12(1), 1(2), and 14(6) of the Act). (4) For three years from the date on which the Defendant inspected the completion of the installation (see Articles 14(1), (2), and (6) of the General Conditions), the Defendant may refuse to pay the amount of money stated in the paragraph (3) in cases where the ri

(Article 3 of the Special Conditions). (5) Lriwon shall supply hot water using the instant equipment to the Defendant for the next three years.