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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry of Gap evidence Nos. 1, 3, and 4-5, Eul evidence Nos. 2, 9, 11, and 15.
1) On April 6, 2005, the Plaintiff entered into an entrustment agreement with a medical corporation C (hereinafter “C”) pursuant to relevant provisions, such as the “Ordinance on the Establishment and Operation of Hospitals,” and entrusted the operation of the instant hospital to C pursuant to the said agreement.
3) Defendant A is a public official belonging to Defendant Gyeong-do. B. (B) On September 2005, Defendant A entered into a contract with Defendant Gyeong-do to lease chips boilers to the instant hospital, D Hospital, etc. in the operation of C and supply fuels.
Around January 15, 2006, an empty Korea Co., Ltd. established a boiler for chips at the instant hospital and started heating on the instant hospital building as KRW 9,900,000 per month from January 18, 2006 (including fuel expenses). Around October 2006, he completed the pipeline construction work at the D Hospital and started heating on the D Hospital building from November 1, 2006. Around November 20, 2006, he concluded a boiler lease agreement and fuel supply agreement (hereinafter “instant boiler lease agreement”) with C regularly with C on the following terms:
Article 1 [Lease Goods and Capacity] (1) A (referring to “A” and “A” and “A” and “A” lease an empty chip boiler (hereinafter referred to as “boiler”) to A (hereinafter referred to as “C”) and lease the boiler.
Article 2 [Lease Period] (1) The lease period of boiler shall be from November 20, 2006 to October 19, 201.