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(영문) 수원지방법원 성남지원 2017.12.13 2017고정1194

재물손괴

Text

The defendant is innocent.

Reasons

1. On November 14, 2016, the Defendant: (a) arbitrarily removed 8 solar power infrastructure support units equivalent to 4 million won at the victim’s market price installed therein; and (b) damaged the victim’s property on the rooftop of the Defendant’s building located in Seongbuk-gu, Manam-si; (c) around November 14, 2016.

2. Determination

A. On February 2016, the Defendant entered into a verbal contract with the victim, who is the installer of solar power generation facilities, to install solar power generation facilities on the rooftop of the instant building newly constructed by the Defendant (hereinafter “instant contract”).

At the time, the installation cost was agreed to pay 15,360,000 won ( = 128,000 won x 12 months x 10 years) for ten years each month after completion of installation without initial installation cost.

According to the instant contract, eight supporting parties were manufactured to install solar power generation facilities and installed on the rooftop of the instant case.

After that, the victim received approximately KRW 12 million from the Nonghyup Bank in the name of the defendant, and paid it to the victim as the installation cost, and the defendant requested the Nonghyup Bank to pay KRW 128,00 per month in installments, and the victim refused this request on the grounds that it is different from the agreement on the initial installation cost. Thus, the dispute over the contract of this case occurred between the defendant and the victim (the victim notified the defendant prior to the conclusion of the contract that the defendant would pay the installation cost with a credit loan)

However, in light of the content of the recording (the page 79 page of the evidence record) and the content of the victim's statement in this court and its attitude of statement, the victim specifically notified the defendant of the above payment method.

[A] The instant contract cannot be seen as having been concluded.