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(영문) 수원지방법원 2020.02.11 2019나51123
설치비
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the judgment of the first instance, except as stated in paragraph (2) below, and thus, this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Under the premise that the Plaintiff and the Defendant entered into a contract for lease and installation, such as agreement, with respect to the system of the sample house of this case, the Plaintiff sought payment of the construction cost and rent from the Defendant.

In light of the following circumstances, Gap 2, 7, 8, 9, and 10 evidence, and the testimony of Gap 2, 7, 8, 9, and 10 witness F of the trial, the following circumstances, i.e., only the defendant and the plaintiff prepared a contract for supply, such as air conditioner, to the system of the apartment house of this case, and there was no contract for lease or supply, such as air conditioner, in the system of the apartment house of this case. ② The circumstance that the defendant is the owner of the apartment house of this case and the circumstances that the plaintiff installed the system of the model house of this case, are not sufficiently inferred, solely because the plaintiff installed the system of the model house of this case. ③ Even if according to the testimony of the witness F of the trial at this court, F was requested the plaintiff to install the air conditioner in the system of this case. However, considering the fact that the plaintiff and the plaintiff did not have the right to represent the model of this case, the plaintiff and the plaintiff presented the above evidence to the plaintiff.

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