(영문) 광주지방법원 2020.04.24 2019나3291 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2020.04.24 2019나3291

매매대금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. The summary of the Plaintiff’s assertion 1) The Plaintiff completed the installation of a solar boiler construction contract between the Defendant and the Defendant. As such, the Defendant is obligated to pay KRW 4.8 million according to the above contract. 2) The Defendant signed the boiler construction contract (Evidence A 1).

However, at the time, the defendant agreed to determine the formation of the contract after the rent, and the next day notified the intention to refuse the contract immediately, and did not pay the down payment.

Therefore, since solar boiler construction contracts asserted by the Plaintiff were not established, the Plaintiff cannot respond to the Plaintiff’s request.

B. In full view of the purport of the oral argument in Gap evidence No. 1, the plaintiff, with the trade name "C", operated a solar boiler sales company, and around May 25, 2018, a construction contract was concluded between the defendant and Eul, who is an employee of the plaintiff, with the content that the solar (3 kw per installation capacity) and the knife pump boiler are installed in the E-family house located in the E-family house (including the contract amount of KRW 100,000,000,000,000). The plaintiff completed the installation of solar and the knif boiler boiler in accordance with the above contract. Meanwhile, there is no evidence to acknowledge that the plaintiff agreed to determine the establishment of the above construction contract with D at the time of the conclusion of the contract, and as long as the circumstance that the defendant did not pay the down payment does not affect the establishment of the contract, the defendant is obligated to pay the plaintiff the price of KRW 4.8 million and damages for delay calculated annually from 2018.

2. Judgment on the defendant's defense of cancellation

A. The solar electric facilities installed by the Plaintiff’s summary of the assertion are solar power.

참조조문

-소송촉진 등에 관한 특례법

유사 판례

-수원지방법원성남지원 2019.08.27 2018가단216758

-서울동부지방법원 2016.03.25 2015나5905

-제주지방법원 2017.11.02 2016가합1201

-서울고등법원 2018.10.18 2018나2002521

-서울중앙지방법원 2018.09.21 2017가합505679