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(영문) 대전지방법원 공주지원 2018.02.08 2016가단22386

하자보수금등 청구의소

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1. The Plaintiff (Counterclaim Defendant) paid KRW 3,520,000 to the Defendant (Counterclaim Plaintiff) and against this, from March 1, 2016 to October 25, 2017.

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. On November 2014, the Plaintiff entered into a contract for construction of floor heating (hereinafter “instant contract”) with the Defendant and the Gongju-si, with respect to “D Unauthorized Telecom boiler” (hereinafter “the instant telecom”) to be installed in the “D Unauthorized Telecom” located in C (hereinafter “the instant telecom”) and “1 unit of the Non-Powering Electric boiler type 3,000 LIT type,” which set the contract amount of KRW 16,60,000 (excluding value-added tax), and the period of defect repair at one year from the time of sale (hereinafter “instant contract”).

In addition, on December 3, 2014, the Plaintiff paid KRW 10,000 to the Defendant.

B. From around that time to around January 2015, the Defendant installed floor heating facilities (hereinafter “instant heating facilities”) by performing the floor heating construction of the instant telecom according to the instant contract.

In addition, around March 2015, the Plaintiff paid KRW 6,600,000 to the Defendant, and began to operate the lodging business from May 2015 to May 2015.

C. On October 2015, the Plaintiff demanded the Defendant to repair defects on the ground that some of the heating facilities of this case were laid pipes.

Accordingly, from around that time to March 24, 2016, the Defendant opened the floor for three guest rooms more than seven times, replaced the heat line, and repaired the remainder by supplementing the heat media oil contained in the floor heating X-gu and auxiliary tank.

On February 2, 2016, the Defendant entered into a construction contract with the Plaintiff on a non-static electric temperature of KRW 1,000,000 (excluding value-added tax) and installed one electric temperature of KRW 3,200,00 in the instant telecom. On February 2, 2016, the Defendant installed one electric temperature of the instant telecomter (hereinafter “instant electric temperature”).

E. On May 25, 2016, the Plaintiff sent a certificate of content that the Defendant would perform direct repair works on the ground that he/she no longer trusted the heating facilities installed by the Defendant to the Defendant.

In addition, the plaintiff from June 7, 2016 to June 2016.