(영문) 의정부지방법원고양지원 2013.11.21 2013가단6899

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(영문) 의정부지방법원고양지원 2013.11.21 2013가단6899

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 5, 2010, the Plaintiff entered into a contract with the Defendant, who is the chairman of the council of occupants’ representatives, and the Plaintiff, who produces and installs ten food treatment equipment (a model name CH-SB360) in the instant apartment (hereinafter “instant contract”) for KRW 143,00,000 on the instant apartment (hereinafter “instant contract”).

The plaintiff asserted that the council of occupants' representatives of the apartment of this case did not pay the price despite all 10 units of food treatment equipment manufactured according to the contract of this case, and filed a lawsuit for claiming the price of goods against the council of occupants' representatives of the apartment of this case. However, the defendant, who is not the management body of the apartment of this case, lost

(Evidence) The fact that there is no dispute over the Seoul Northern District Court 201Gau3675, Seoul High Court 2012Na4109) / [Evidence] the entry of Gap 1, 4 (including the Ga number), and the purport of the whole pleadings.

2. On the other hand, the plaintiff asserts that the defendant should pay to the plaintiff the price under the contract of this case as long as the contract of this case was confirmed without legitimate authority by the defendant.

However, if the purport of the entire argument is added to the statement of evidence Nos. 1 and 4, the head of Hyundai Industrial Development, which is the contractor of the apartment of this case, agreed to install food treatment equipment in the apartment of this case with the joint representatives of the occupant countermeasure committee of the apartment of this case on August 20, 2009, and accordingly, the plaintiff started to build and operate one food treatment equipment in the apartment of this case on or around February 1, 2010. At the time, the defendant, who was the chairman of the council of occupants' representatives of the five complex of this case, concluded the contract of this case with the plaintiff, and excessive electricity was consumed as a result of the test operation of food treatment equipment, and around April 15, 2010, the defendant notified the termination of the contract of this case.

. These facts;

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