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(영문) 서울남부지방법원 2016.01.20 2014가단237806

손해배상(기)

Text

1. The Defendant’s KRW 13,590,00 for the Plaintiff and 5% per annum from November 19, 2014 to January 20, 2016.

Reasons

1. Basic facts

A. On July 3, 2009, the Plaintiff entered into a contract with the Defendant (Seoul Mechanical Equipment Co., Ltd.) to implement the regional heating conversion work and the joint-use area pipe replacement work (hereinafter “instant construction work”) with respect to the district heating conversion work and the joint-use area pipe replacement work (hereinafter “instant apartment”).

B. The instant contract is to perform equipment installation works, including machinery rooms and demolition works, common area pipeline works, household heating system installation works, remote inspection works, automatic control works, and various construction waste disposal works generated from construction works.

C. The Defendant employed C as the head of the construction site and had C manage and supervise the instant construction site, completed the instant construction work on November 2009, and received the payment from the Plaintiff in full.

On the other hand, on November 1, 2012, the Plaintiff issued an order to take measures to order the Mayor of Ansan City to order the appropriate collection and disposal of the wastes illegally buried in the waste oil tank of the instant apartment complex on the grounds of the violation of Article 8(1) of the Wastes Control Act and to report them to December 31, 2012 after properly collecting and disposing of the wastes buried in the instant apartment complex.

E. C is subject to criminal punishment for the violation of the Act on the Promotion of Construction Wastes Recycling on June 23, 2014 due to the act of putting construction wastes generated from the instant construction in oil storage tanks and burying and disposing of them, without making a report, into the head of Si/Gun/Gu.

(Y) Around May 2015, the Plaintiff entered into a contract with the instant oil tank (one 10,470,000 liter) to remove waste from KRW 9,470,000, which was buried in the instant oil tank (one l,50,000 liter), and D around that time.