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(영문) 창원지방법원 2020.09.17 2019나66368

손해배상(기)

Text

1. The first instance judgment, including a counterclaim claim added by this court, is modified as follows.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is an occupant of Jinju-si C Apartment and D (hereinafter “instant apartment”), and the Defendant is a seller of system air conditioners, etc.

B. On August 12, 2018, the Plaintiff purchased system air conditioners in KRW 3,300,000, and entered into an air conditioners agreement between the Defendant and the Defendant to complete the installation of the above air conditioners on the instant apartment by December 7, 2018, and paid KRW 1,000,000 as down payment.

hereinafter the above Air-conditioner is referred to as the "Agreement of this case".

(C) On December 7, 2018, the Defendant completed the installation of the instant air conditioner pursuant to the said contract, and the Defendant installed the air conditioner with excessive installation of the air conditioner with the air conditioner in the process of installing the said air conditioner. Accordingly, the said air condition is not normally operated, the respective levels of urban gas pipelines were altered, and urban gas is difficult to be used without changing the location of the said air condition. 【Recognition-based ground for recognition’s absence of any dispute, and each entry (in the case of evidence with a serial number, the number of numbers is included) in the evidence Nos. 1, 2, and 4.

hereinafter the same shall apply.

each entry and the purport of the whole pleading

2. Summary of the parties' arguments;

A. The Defendant installed the outdoor gas pipe and measuring instruments in the process of installing air conditioners under the instant contract. Accordingly, there was a problem that the Plaintiff was unable to use the air conditioners and urban gas. On March 4, 2019, the Plaintiff sent to the Defendant a letter-certified mail indicating the termination of the said air conditioners on the ground of the Defendant’s incomplete performance, etc., and on March 6, 2019, the said letter-certified mail was sent to the Defendant on March 6, 2019, and the said letter-certified mail was sent to the Defendant. Accordingly, the said contract was rescinded.