beta
(영문) 대구지방법원상주지원 2016.08.25 2015가합2016

손해배상(기)

Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 780,093,059 as well as its annual interest from February 24, 2015 to August 25, 2016.

Reasons

1. Basic facts

A. 1) The Plaintiff’s progress of the instant project refers to sewage, foul waste, livestock waste sludge, and food waste (hereinafter “sewage sludge, etc.”) generated in A City.

) The installation of sewage sludge and food disposal facilities (hereinafter referred to as the “instant project”) in order to heating the organic materials contained therein and process them by recycling them by heating them.

(2) Defendant B Company completed the patent registration of “G” in relation to the carbonization technology such as the F date sewage sludge, and obtained new technology certification from the Minister of Environment with respect to the same technology.

B. On December 29, 2006, the Plaintiff and Defendant C’s service contract and Defendant B’s technical proposal 1) the Plaintiff is the Defendant C Co., Ltd. (hereinafter “Defendant C”).

2) As to the instant service contract, the term “the instant service contract” refers to a service contract for the installation of the sewage sludge production facilities and working design (hereinafter “instant service contract”).

(3) According to the instant service agreement, Defendant C shall perform the current status and survey of the place where facilities such as the above sludge are installed, the environmental quality measurement, the prior environmental review, the basic and detailed design, the authorization and permission work, and other incidental work, such as the construction of facilities. The content of the instant service agreement is as follows: (a) The feasibility review of disposal facilities of Defendant C, which is the basic design (1) the basic design (2) the basic design (1) the basic design (1) the basic design (2) the basic design (1) the basic design (1) the basic design (2) the basic design (2) the basic design (2) the selection process method and the construction of equipment, which are sufficiently examined, shall be selected with the approval of the supervising officer. The feasibility of applicable technologies that do not affect the surrounding environment due to malodor due to the effective analysis and analysis following the operation of facilities and the review of application cases (2) the cases of Defendant B) shall be examined on July 2, 2008.