손해배상(기)
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
2...
1. Basic facts (applicable for recognition: Facts without dispute, Gap evidence 1 through 13, 15 through 19, 22, 24, Eul evidence 1, 2, 3, 5, 6, 8, 10 (including each number; hereinafter the same shall apply);
2) Each description or image of this Court, the inquiry and reply results on the Jeju Market, the witness H’s testimony, the purport of the entire pleadings
A. Since 2013, the Defendant, who operates a fishery products plantation in the name of D, was supplied with liquid volcanic carbon by using one ton storage tank from the E in-house.
B. Around May 2015, the Plaintiff agreed to provide the Defendant with facilities necessary for the supply of oxygen, such as a storage tank and a fire engine, without compensation, and agreed to supply the Defendant for a period of five years. In addition, the Plaintiff requested the Plaintiff to install storage facilities and facilities necessary for the supply of oxygen in D’s site.
C. Meanwhile, in order to install a high-pressure gas storage tank with at least five tons of high-pressure gas storage tank, permission to establish a high-pressure gas storage facility shall be obtained through ground investigation, structural stability review, and technical review by the Korea Gas Safety Corporation. The LA request the Korea Gas Safety Corporation to conduct ground investigation on May 2015 and review structural safety around June 2015 for the installation of an oxygen storage facility, etc. < Amended by Act No. 13388, Jun. 22, 2015>
Accordingly, the Plaintiff, on behalf of the Defendant, applied for permission to establish a high-pressure gas storage facility with 12.14 tons of liquid volcano storage facilities at the time of Naju on or around June 29, 2015. On July 3, 2015, the Plaintiff entered into a contract for the construction of an oxygen storage and use facility with the Plaintiff at the cost of KRW 100 million.
(hereinafter “instant facility construction contract”). Article 5 (Period of Contract) (1) of the Act provides that the term of validity of the contract shall be five years from the date of conclusion. (3) When the contract is terminated within the contract period due to the Defendant’s cause attributable to the Defendant, the Defendant shall pay the initial purchase of the facilities and all installation costs to the Plaintiff in cash
§ 10. Contracts