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(영문) 대전지방법원천안지원 2019.04.19 2017가합100911

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is engaged in the manufacturing, construction, wholesale and retail of, and services for, livestock excreta purification facilities under the trade name of “C”.

Agricultural Partnership D was established for the purpose of the management of fisheries and the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the foundation.

The purpose of Article 1 / [Purpose] The purpose of Article 1 is to prescribe all the matters of the defendant and the plaintiff in order for the plaintiff to construct purification facilities and to facilitate facility management and livestock excreta disposal in the building and livestock excreta storage tank in the defendant's place of business when the plaintiff disposes of the defendant's livestock excreta.

Article 3 [Amount of purification treatment] The Defendant shall supply the Plaintiff with an average of 100 tons of purification foul waste per day and average of 3,00 tons per month.

Article 4 [Contract Term]

1. The term of a service contract for purification of livestock excreta shall be from October 18, 201 to October 17, 2016 (five years) and the initial date in reckoning the contract shall be the time when the first livestock charge is charged into the facilities for purification and release;

Article 5 [Contract Unit Price] The defendant shall pay 15,000 won per ton of purification treatment to the plaintiff.

Article 6 [Methods of Measurement of Purification Quantity] The plaintiff shall install a flow meter respectively in the discharge pipes and underground water pipes, and the plaintiff and the defendant shall determine the coefficient obtained by subtracting the coefficient of the flow of underground water inflow from the 30th day of each month of discharge pipes by recording and maintaining the numerical value of each flow meter.

Article 8 [Transportation of Excreta subject to purification] The defendant shall entrust the whole quantity of the foul waste subject to purification (average 100 tons a day) to the plaintiff through collecting tanks and transfer of pipes.

B. On October 18, 2011, the Plaintiff and the Defendant concluded an entrustment contract for purification of livestock excreta. The main contents are as follows.

(hereinafter “instant entrustment contract”). C.

According to the instant consignment contract, the Defendant supplied the Plaintiff with foul waste 74,229 tons for 46 months from January 1, 2013 to October 17, 2016.