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Reasons
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(영문) 대구고등법원 2015.11.18 2014나22384
공사비 등 반환청구의 소
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1. The plaintiff's appeal and the conjunctive claim added in the trial are dismissed, respectively.

2. After an appeal is filed.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by the entry of evidence No. 16, the testimony of a witness E at the trial and the purport of the whole pleadings, and there is no counter-proof.

The Plaintiff is a person who operates a bath (hereinafter “instant bath”) with the trade name “C” in Daegu Suwon-gu.

Defendant (formerly, Co., Ltd.) is a company established for the purpose of manufacturing, selling, and constructing boilers, and operates energy saving projects since its registration as an enterprise specialized in energy saving on June 27, 201.

B. On June 21, 2006 and August 25, 2006, the Plaintiff and the Defendant established a contract with the Defendant to establish “the instant heat recovery system” (hereinafter collectively referred to as the “instant contract”) in the mechanical room of the instant bath underground in total of KRW 220,000,000 (including value added tax; hereinafter the same) for the sum of the proceeds of “20,000,000 (hereinafter referred to as the “instant heat recovery system”).

The contract is concluded, and the following main contents are as follows: (General Provisions) the heat recovery system sold by the seller in accordance with the terms and conditions of this contract shall be supplied and installed to the buyer. Article 4 (Maintenance and Repair) The seller shall provide maintenance and repair services to the heat recovery system purchased by the buyer for two years from the date of its establishment in accordance with the letter of guarantee guaranteed by the seller (However, the contract shall be terminated by one year for the log, pumps, hot water circulation pumps, and drain pumps).

1. Where this contract is terminated due to any cause attributable to the seller, the seller shall immediately return the down payment paid by the buyer, and the seller who causes such cause in the course of the installation work shall restore it to the original state;

2. The contract shall be terminated due to any cause attributable to the buyer;

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