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(영문) 창원지방법원 2016.01.26 2015나162
용역비
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. Facts of recognition;

A. The Plaintiff is a company engaged in the manufacture, sale, construction, etc. of boiler, and the Defendant is a person who operates a bathing bath (hereinafter “instant bathing bath”) with the trade name “C” in Daegu Suwon-gu B.

B. On June 21, 2006 and August 25, 2006 between the Plaintiff and the Plaintiff, the Defendant entered into a contract with the effect that “the Plaintiff shall be installed in the instant bathing room of KRW 220,000,000 (including value-added tax; hereinafter the same shall apply) for the sum of the price paid for the waste heat recovery type boiler IJS-1400 W, waste heat recovery type hump boiler which the Plaintiff manufactured and sold, one unit of air conditioners (hereinafter collectively referred to as “instant heat recovery system”) and one unit of air conditioners, which are auxiliary devices (hereinafter collectively referred to as “instant contract”). The terms and conditions of the instant contract are as follows.

[Special Cases in the Contract] ① Fuel reduction guarantee shall ensure that the fuel reduction guarantee is 300%-saving compared to the electricity tax using the actual equipment.

(after the lapse of the test run period) Attachment: A seller may not raise an objection without paying the construction cost if the fuel reduction guarantee rate is not guaranteed.

(7) Parts of maintenance and repair (A/S): A/S shall be two years as of the date of establishment, and thereafter shall be treated in an amount calculated at a fixed cost.

【Additional Matters】

1. Remuneration free of charge for replacing all products related to the pumps for two years A/S;

7. The remuneration for recycling waste heat collectors shall be paid, but the buyer shall be responsible for the cost of materials.

C. On October 2006, the Plaintiff completed the installation and trial operation of the instant heat recovery system, and the Plaintiff maintained the instant heat recovery system from October 20, 201 to replace compressed parts (SM-185) of the hump boiler’s compressed pumps boiler from October 20, 201, but the Defendant did not pay a total of KRW 7,326,000,000, including the costs of replacement of the said compressed pumps.

The Defendant, on February 15, 2013, installed the heat recovery system of this case against the Plaintiff, and then the fuel reduction rate of the bath in this case is the Defendant.

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