Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a company that produces and sells C boiler, and the Plaintiff is a facility business operator who engages in boiler construction and repair work with the trade name “D”.
B. From July 2005, the Defendant: (a) among parts of C boiler from around July 2005, the expendable parts (i) determined to have a high risk of safety accidents are sold only to the equipment business operator possessing a facility license and does not sell to the general consumers; and (b) major parts such as burners and control devices determined to have a high risk of safety accidents are not sold to the equipment business operator.
[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, Gap evidence 3, 4, and 8 (including branch numbers), the purport of the whole pleadings
2. The plaintiff's assertion
A. The former representative E promised to provide the equipment business operators, such as the Plaintiff, with the parts necessary for the repair of boiler without interruptions.
As a facility operator who believed the above commitment, the Plaintiff handled only the C boiler and performed the work of installing and repairing it, and registered the C boiler service priority information telephone.
B. The Defendant, who produces and sells C boiler, must cooperate with and join the same facility business operator as the Plaintiff.
Nevertheless, the defendant did not sell major parts necessary for the repair of boiler to facility operators from July 2005, considering only his own interest and self-government agencies' interests.
The plaintiff was no longer able to repair C boiler and became bankrupt due to the lack of any import.
From the perspective of consumers, they are experiencing inconvenience due to strawing agency repair engineers.
C. While repairing C boiler, the Plaintiff earned an average of KRW 1.8 million per month.
Due to the defendant's illegal refusal of sale.