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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. On May 14, 2018, the Plaintiff asserted that the Plaintiff entered into a contract with the Defendant to purchase “C” (hereinafter “instant contract”) which is an electrical efficiency improvement device (hereinafter “the instant device”) at KRW 3,600,000 (payment in 36-month installments, and 100,000 per month). At that time, the Defendant at that time said contract would refund 10% to the Plaintiff where the electric efficiency improvement device was effective for 25% per month and there was no reduction effect within three months after the installation.
However, from June 2018 to September 2018, the Plaintiff’s electric charge from June 2018 to September 2018 did not have the reduction effect due to the Plaintiff’s electric charge more than the electric charge from June 2017 to September 9, 2017, and thus, the instant contract is rescinded
Meanwhile, the Plaintiff and the Defendant, at the time of the instant contract, determined that the foregoing installment agreement with the D Bank cannot be revoked, and instead, the Defendant was liable for the refund.
Therefore, the defendant should pay to the plaintiff the above 3,600,000 won and damages for delay.
2. According to Gap evidence Nos. 1, 2, and 4, the plaintiff purchased the equipment of this case from the defendant (mutual name): 3,600,000 won (payment for 36 months, monthly 10,000 won to D Bank) on May 14, 2018; at that time, the defendant at that time guaranteed that "it shall be refunded 10% at the time of no reduction effect within 3 months after the installation of the electric efficiency improvement unit, 100% at the time of the reduction effect, and cancelled 36 months at the time of the cancellation of refund: 25% at E; 36 months at the time of the cancellation of refund; 5,759kwh (the period from June 6, 2017), 974kw from 208, 978, 978, 197, 197h, 208, 279, 279, 279, 2798, 279, 17.2, 97.1.