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(영문) 창원지방법원 2018.10.18 2017나60601
채무부존재확인
Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff (Counterclaim defendant) and the defendant (Counterclaim plaintiff) are involved.

Reasons

Basic Facts

The Plaintiff, along with I, is a husband of the Plaintiff, who runs the business of installing solar energy facilities, etc. under the trade name of “C”.

On October 209, the Defendant, a staff member of K, installed a solar boiler at the expense of KRW 12 million on the rooftop of the second floor house outside Y-gun, Cheongnam-gun, Busan-gun, and two parcels of land (hereinafter “instant house”), which was introduced by J, around October 2009, the Defendant installed a solar boiler at the expense of KRW 12 million.

(hereinafter “instant solar heat boiler”). Of the site of the instant housing, part of the G and L shares owned by F.

On May 7, 2013, the Plaintiff entered into a contract with M (the spouse of the Defendant) on the instant housing rooftop to set up the solar power generation equipment of KRW 18kwp in the cost of construction at KRW 51 million (hereinafter “instant construction contract”). The Defendant, as a down payment, as the same day, as the down payment, was KRW 9 million, to the Plaintiff on the same day.

8. 16. 16. Payment was made for the above construction cost of KRW 30 million, total of KRW 39 million (= KRW 30 million).

The plaintiff explained that it is difficult for the plaintiff to install solar power generation facilities in the present state due to the deterioration of the housing of this case, and the defendant requested the plaintiff to perform waterproof Construction Work on the rooftop.

Accordingly, the Plaintiff: (a) requested N to remove the solar boiler of this case; (b) removed the prefabricated boiler of this case; (c) removed the prefabricated roof waterproof construction work for approximately 11 days; and (d) paid 12.450,000 won = 2.57 million won on August 12, 2013.

9. 17. 9880,000 won was paid (hereinafter “instant waterproof construction”).

(2) On July 2014, the Plaintiff and the Defendant agreed on the instant construction contract, around July 2014, on the instant housing rooftop, to install a solar rupture of KRW 2.5 million. [The Plaintiff and the Defendant asserted that there was no dispute over the grounds for recognition, the entries in the evidence Nos. 1, 5, and 6, and the purport of the entire pleadings.] The Plaintiff and the Defendant agreed on the instant construction contract, and the value of the instant waterproof construction is KRW 1,00,000,000, and ③ the Defendant agreed on the installation cycle of the solar rupture to the Plaintiff.

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