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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim as to the above cancellation part is dismissed.
Reasons
1. Basic facts
A. On March 2014, the Defendant visited Kinteex’s Housing EXPO, which was considered about how to save heating costs of electric power units located in Pyeongtaek-do level, due to a large number of heating costs of electric power units located in Pyeongtaek-do.
At this point, the Plaintiff’s employee produced 5kW electricity (7,300km = 5kW x 4 x 365) by solar energy every 4 hours per day in every year in solar energy using the power produced at the solar power plant to install an invention-powered high-efficiency boiler and solar energy plant, and operate a high-efficiency boiler with a high-efficiency boiler 15 to 20 square meters, and introduced 3kW per hour every 8 hours per day (2,80kW = 33kW x 320 x 120) to the Defendant. In the event that the Plaintiff’s employee produces 5kW electricity (7,300kW x 5kW) by solar energy for 120 days in winter, 3kW per hour every 4,420kW (7,300kW-2,80kW).
B. Since May 2014, the Plaintiff visited the Defendant’s house and examined the Defendant’s house, and entered into a contract with the Defendant to set up the solar 5KW and air boiler 5,000,000 won at the Defendant’s house located in Pyeongtaek-gun B, and received the down payment of KRW 1,40,000 from the Defendant around May 16, 2014.
C. Although the Plaintiff immediately set up solar power plant, the air heat boiler (hereinafter “instant boiler”) was installed around October 17, 2014, and thereafter, the Plaintiff recommended to extend additional 1kW as the boiler power is insufficient, and entered into an agreement with the Defendant to additionally set up 1,837,000 won for solar power plant (the first 5kW solar and air heat boiler installation agreement), and additionally set up 1kW for solar power plant.
[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 9 (including branch numbers, hereinafter the same shall apply) and the whole pleadings.