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(영문) 광주고등법원(제주) 2019.11.20 2017재나100
손해배상(기)
Text

1. The decision subject to review shall be revoked.

2.(a)

Of the judgment of the first instance, as to the defendant (the plaintiff).

Reasons

1. Basic facts

A. Prior to the filing of the lawsuit, the instant case No. 1) On December 3, 2011, the Plaintiff and the Defendant engaged in the business of selling, installing, etc. air-conditioning and heating equipment with the trade name “C” (hereinafter “D hospital”) newly built by the Plaintiff.

(B) supply and installation (hereinafter referred to as “instant construction”) of 1.1 billion won in price for each of the 1st and 2nd underground and 1st to 7th and above ground (4th and below) the Defendant supplied and installed 457 air-conditioning systems, 66 air-conditioning units, 3 air-conditioning units, and auxiliary facilities for heating supply to 1.1 billion won.

(iii) the agreement under which the agreement is to be made (hereinafter referred to as “the agreement of this case”).

(2) The Defendant started the instant construction from March 2012 in accordance with the instant contract. As the design, etc. of the said D Hospital was modified, there was an increase in the number of electric exchange carriers, etc. to supply and install the said D Hospital.

3) The Defendant demanded the Plaintiff to modify the instant contract with the content of increasing the price of KRW 1.32 billion on the ground of an increase in installation costs, such as a heat exchangeer added to the design modification, but the Plaintiff refused to do so. However, the Plaintiff refused to do so. (4) On December 21, 2012, the Defendant drafted a construction waiver agreement letter stating that “F (hereinafter “F”) has many problems in the course of performing the instant construction, giving up and settle them later,” and signed the said waiver letter by G (the representative of the Plaintiff).

F is a corporation established on February 16, 201, and its representative director is the defendant.

5) Meanwhile, at the time when the Defendant ceased the instant construction in accordance with the instant written waiver, H Co., Ltd. (hereinafter “H”).

(ii)as the electrical exchange 83 units and ancillary facilities of the spiral duct, flive dubct (flexid duct), and other constructors have installed a duct, one-time duct, and the facilities relating to the heat exchange machines are as they are included in the calculation of tax base and the calculation of tax base and the completion of the installation of the rest air-conditioning and mutual conditioning.

B. The instant case.

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