logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.07.13 2016가단101610
손해배상(기)
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 Plaintiff is a person operating a bath and soup bath with the trade name “C” from the Seocho-si in Gangwon-do, and the Defendant is a corporation running the manufacturing business of waste water rupture pumps, etc.

B. On November 17, 2014, the Plaintiff purchased and installed the waste water treatment pumps from the Defendant (hereinafter “instant waste water treatment pumps”). The main contents of the sales contract are as follows.

(hereinafter referred to as the “instant sales contract”). Special circumstances in the contract include the sum of 7 million won (7 million won in total) of the heat source pumps, typump air-generating equipment, heating works, wastewater integration, and the amount of the contract. ① The fuel saving guarantee is to ensure that the fuel saving is saved by 200-250% compared to the electricity rent using the actual equipment.

(4) The buyer agrees to the defendant to prepare a notarized deed on the payment of machinery.

If the amount of reduction falls short of the amount of reduction among the matters referred to in paragraph (1), the defendant company shall be responsible for such shortage.

(5) Repair of defects: Two years from the date of establishment in A/S, and thereafter the actual expenses shall be settled at a cost.

C. On December 3, 2014, the Plaintiff has been operating after starting a trial operation by installing the instant set pumps.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 4, purport of whole pleadings

2. The assertion and judgment

A. Plaintiff’s assertion 1) The Plaintiff believed the Defendant’s promise to reduce fuel cost and installed the instant pumps but did not properly provide heating and hot water supply. As a result, the Defendant did not reduce the costs of fuel and electric charges and incurred additional damages. 2) As the Defendant agreed to pay the Plaintiff money equivalent to the amount guaranteed by the terms and conditions of the instant sales contract, the Defendant agreed to pay the Plaintiff the amount of money that the Plaintiff guaranteed in accordance with the terms and conditions of the instant sales contract. As such, the Plaintiff should have borne the fuel cost (attached sheet) if the Plaintiff had not installed the instant pumps.

arrow