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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The summary of the case is the case where the Plaintiff claimed against the Defendant for the payment of the remaining amount of KRW 43 million on the sales and installation of the electric boiler and the agreement on the electrical pressure plant, and the Defendant asserts the cancellation or revocation of the said agreement on the ground that the performance of the electric boiler installed by the Plaintiff was defective.
2. On the premise, the Plaintiff is a person who sells and installs the electric boiler, etc., and the Defendant is a person who operates the CFF.
On December 9, 2011, the Defendant entered into a contract with D on December 9, 2011, under which the Plaintiff installed the Defendant’s electric boiler in AC 300kW in the Defendant’s fishing ground and installed the Defendant’s electric pressure construction on a 300kW scale, the Defendant entered into a contract with the Plaintiff to pay the Plaintiff KRW 48 million in return (hereinafter “instant contract”). The main contents of the special agreement entered into at the time are as follows.
1. Electricity expansion kW shall be 300 kW.
2. The boiler shall consist of AO 300 for the Erowon boiler (300km).
3.The temperature of the boiler stove shall be 600 metric tons a day after the rise into the first 4°C water (the sea water) 22°C water.
The date of completion (the due date) shall be December 31, 190.
On December 14, 2011, the Defendant paid the down payment of KRW 5 million, and the Plaintiff completed the installation of the electric boiler and the electric voltage construction. The electric boiler installed by the Plaintiff was the AC 185kW size different from the content of the instant contract.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, witness D, the purport of the whole pleadings
3. Determination
A. (1) As to the new agreement between the Plaintiff and the Defendant, the Plaintiff’s assertion (A) concluded the instant contract with the content that the electric pressure construction of the electric boiler of the size of 300kW, which requires more electricity in order to install an electric boiler of the size of 300kW with insufficient professional knowledge.
Accordingly, the plaintiff puts the temperature to the whole of the defendant's fishing ground.