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(영문) 서울동부지방법원 2018.05.25 2017나28834
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. From September 3, 2015 to May 2016, the Plaintiffs newly built and sold a building 6-dong (hereinafter “each of the instant buildings”) on the housing site outside Pyeongtaek-si G and five parcels.

At the time, the plaintiff A managed the site and directly handled the work related to the construction work, and the plaintiff B paid the construction cost.

B. E had a patent for the air-conditioning pumps boiler for heating and cooling, and F, which had sought the explanation of E’s products, recommended the Plaintiffs to install the air-conditioning pumps and heating boiler for heating and cooling (hereinafter “instant heating and cooling boiler”), thereby obtaining the consent from the Plaintiffs.

On September 3, 2015, the Plaintiffs concluded a construction contract for the construction of the instant heating and cooling boiler and the panch panch air conditioner (hereinafter “the instant construction contract”) with 148,440,000 won on each of the instant buildings (hereinafter “the instant construction contract”). On September 3, 2015, H transferred KRW 14,840,000 as the down payment and KRW 29,640,000 as part of the intermediate payment on November 18, 2015 to H.

C. The process of the instant construction is divided into two parts, such as “spanch pumps, air conditioning and heating boiler and air conditioning system (panch panch).”

In other words, other than E, panch air conditioners are installed in the ceiling of each room of the building, and the installation of indoor air conditioners and heating and cooling pipes installed inside the ceiling pipes and connecting heating and cooling pipes (hereinafter “installation of air conditioners”) and E’s installation of air conditioners and heating and cooling boiler equipment installed in outdoor and boiler rooms.

That is, d.

In order to install a heating and cooling boiler, it is necessary to conclude a sales contract with E to be supplied with the heating and cooling boiler of this case from E with a patent right.

E. However, E.

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