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(영문) 춘천지방법원 2016.09.30 2014나2048
부당이득금반환등
Text

1.The judgment of the first instance shall be modified as follows:

Defendant C Co., Ltd. 41,600,000 won.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates the telecom with the trade name “E” in “E” (hereinafter “the instant telecom”). Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company that manufactures and supplies the hump air boiler, and Defendant B entered into an agency agreement with the Defendant Co., Ltd. on the sale and follow-up management of boilers and sells and installs the air heat boiler produced by the Defendant Co., Ltd. in the name of “F” or “I”.

B. The Plaintiff was using the gas boiler in the instant Mobel, and concluded a contract with the Defendant Company’s advertising that the use of the air heat boiler, which is the Defendant Company’s product, would reduce fuel cost, and upon Defendant B’s recommendation, to install the air heat boiler in the instant Mobel. On July 24, 2012, the Plaintiff concluded a contract with the Defendant Company to purchase and install two air heat boilers at KRW 36 million (hereinafter “instant installation agreement”).

On the other hand, the supply price of two of the above air boiler supplied by the defendant corporation to the agencies of defendant B is 18,67,000 won.

C. On September 10, 2012, Defendant B established two air heat boilers (hereinafter “instant air heat boiler”). The Plaintiff paid the installation cost to Defendant B. The Plaintiff paid the installation cost to Defendant B. The expenses that the Plaintiff paid to the Plaintiff as the installation cost are KRW 44,926,267, and the additional installation cost paid on October 8, 2012, totaling KRW 5.6 million, totaling KRW 50,526,267,267, and the additional installation cost paid on KRW 36 million.

Since then, the Plaintiff started to operate the instant air heat boiler, and around October 2012, the Plaintiff: (a) marked the air heat boiler in the instant air heat boiler with the sign "E-16" on the air heat boiler; and (b) there was a problem of repeated falling of the blocking period; (c) the electric charge was applied to the electric charge and the electric boiler was installed; and (d) the air heat boiler was installed on December 1, 2011, which was the same month in the previous year.

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