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(영문) 서울고등법원 2017.03.16 2016나2072229
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same as the reasoning of the judgment of the court of first instance, except for the case where the reasoning of the judgment of the court of first instance is inserted into “Ttain” and Paragraph 3 is used as “Ttain,” thereby citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

【Supplementary Rule】 3. Judgment

A. As seen earlier, the Plaintiff and the Defendant agreed to pay the installation cost when it is acknowledged that the Plaintiff installed the instant electric boiler at the Defendant’s workplace and the use of the said boiler had the fuel cost reduction effect set forth by the Plaintiff.

Although the Plaintiff alleged that the fuel cost was reduced by 20-30%, each of the statements in the evidence Nos. 3 and 12 is insufficient to admit the Plaintiff’s assertion, and there is no other evidence to acknowledge it.

Rather, in light of the aforementioned evidence and the purport of the entire pleadings in the statement No. 7, No. 8, 9, and 11, the Plaintiff and the Defendant agreed to pay the Plaintiff the installation cost of the instant fuel cost only when it is acknowledged that the effect of reducing fuel cost was more than 30% due to the installation and use of the instant electric boiler upon entering into the instant installation contract (the Plaintiff was drafted again after the preparation of No. 8, and thus, the contract addition clause attached to No. 12 was invalid, but the Plaintiff’s assertion is not acceptable on the ground that there is no other evidence that it is difficult to acknowledge the allegation by itself and there is no other evidence. Meanwhile, according to the aforementioned facts, it is reasonable to view that the Plaintiff and the Defendant planned to use the instant oil boiler, as at the time of using the instant oil boiler, the effect of reducing fuel cost was maintained on the premise that it maintains the speed of 45 % per minute as at the time of using the instant oil boiler.

However, in the above facts of recognition.

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