손해배상(기) 등
1. The Plaintiff (Counterclaim Defendant) is entitled to KRW 500,000,000 on the part of the Defendant (Counterclaim Plaintiff), X-AC Co., Ltd. and on the part of the Plaintiff (Counterclaim Defendant).
A principal lawsuit and a counterclaim shall be deemed as the same.
1. Basic facts
A. The Plaintiff is an enterprise specializing in the installation and operation of environmental pollution preventing facilities, and Defendant Lrichloron Co., Ltd. (hereinafter “Defendant Lrichloron”) is an environmental facility enterprise that receives part of the installation of the Songpa-gu Food Waste Resources Collection and Treatment Facilities (hereinafter “Pari-gu Waste Treatment Facilities”) from Defendant Lrisan on July 20, 2009 from Defendant Lri-gu, Songpa-gu, Seoul. 692-2, and Defendant X-NC is a person who operates the Songpa-gu Food Waste Resources Collection and Treatment Facilities.
B. The Songpa-gu waste treatment facilities consisting of food and wastewater treatment facilities and malodor removal facilities. On July 31, 2009, Defendant X-HAC subcontracted the part of machinery installation and trial operation among food and wastewater treatment facilities (hereinafter “instant facilities”) to the Plaintiff on the contract amount of KRW 5,005,000,000 (including the increased amount of KRW 5,137,000,000, value added tax, and value added tax), and the scheduled completion date of completion of construction. < Amended by Act No. 10313, Jan. 20, 2010>
C. The Plaintiff continued to construct the instant facility and was under trial operation from February 5, 2010 to March 27, 2010. On April 13, 2010, the Seoul Special Metropolitan City Health and Environment Research Institute determined water quality assessment.
The main contents of the construction subcontract agreement entered into between the Plaintiff and Defendant X-C (hereinafter “instant subcontract agreement”) are as follows:
Article 14 (Completion Inspections) (1) Upon completion of the construction work, the Plaintiff shall notify Defendant X-AC, and Defendant X-AC shall, without delay after receipt of the notification, conduct the inspection in the presence of the Plaintiff, and if Defendant X-AC fails to notify the results of the inspection within 10 days after receipt of the notification by the Plaintiff, it shall be deemed that it passed the inspection on the date ten days have passed.
Article 17 (Performance Guarantee and Performance Guarantee Deposit) (1) The Plaintiff is ultimately liable for the performance of the facility, and in any case, Defendant X-C.