공사대금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Basic Facts
A. The Plaintiff is a company that conducts gas facility maintenance business, gas pipeline safety inspection and maintenance business, etc., and the Defendant is an autonomous management organization that is composed of the occupants of the 24 modern apartment-ro 761-gil-ro, Seo-gu, Daejeon (hereinafter “instant apartment”).
B. On December 8, 2005, the Plaintiff and the Defendant installed a small heat cogeneration power generator in the instant apartment, and entered into an energy-saving performance allocation contract under which the Plaintiff received energy-saving reduction due to the operation of the said power generator during the repayment period specified as the installation cost (hereinafter “instant contract”), and the main contents are as follows.
4,426,794,00 won (including additional taxes and interest) for the project to install small-sized apartment complex facilities of this case, the project name for the installation of the apartment complex of this case, 3,540,000 won (including additional taxes and interest) for the amount of 1,107,15 Trae/ year, gas-363.78 Toe/year, Tal 743.37 Toe/Year 743.37 Toe/Year 104 for the installation period from December 8, 2005 to August 31, 2006 to December 8, 2005, attached general terms and conditions of contract Article 2 (Definitions) of the General Terms and Conditions of Contracts of this Decree of 104 months from the beginning of redemption from December 8, 2005 to December 104.
5. the term “performance distribution” means the distribution of energy reduced amount generated from the installation of energy saving to the extent agreed upon by the defendant and the plaintiff.
6. The term “project period” means the period of project indicated “Article 14” on the 21st page of Article 13 A, which appears to be a clerical error in Article 13, from the date of conclusion of the energy saving performance and distribution contract.
(E) Under the provisions of paragraph (1), the Defendant refers to the date on which the project amount shall be repaid to the Plaintiff.
Article 3 (Contract Documents) (2) In determining a contract for a energy-saving and distribution business, the defendant may attach or delete contract documents to the extent that the contract does not unfairly restrict the plaintiff's contractual interests, considering the characteristics of the contract.
Article 6 (Cancellation of Contract) (4) The plaintiff is due to the defendant's overall reasons.