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(영문) 광주지방법원 2014.12.11 2012가합52511

손해배상(기)

Text

1. The Plaintiff:

A. Defendant Hong Jintech Co., Ltd.: (a) KRW 2,817,271,780; and (b) from August 26, 2014.

Reasons

1. Basic facts

A. (1) The Plaintiff entered into a design service contract and an agreement on the use of new technology (1) on July 30, 2007, with a view to constructing sewage sludge treatment facilities to treat sewage sludge generated in the Guide-gun (hereinafter “instant treatment facilities”) within a public sewage treatment plant located in the Masan-gun Private Road in the Jeonnam-gun, the Plaintiff entered into a contract on July 30, 2007 with Defendant New Village Comprehensive Construction Co., Ltd. (hereinafter “Defendant New Village Comprehensive Construction”) and a basic and working design service contract for the instant treatment facilities (hereinafter “instant basic and working design service contract”) with the contract amount of KRW 59,145,00,00 and the contract period from August 6, 2007 to December 3, 2007.

(2) On September 5, 2008, the Plaintiff entered into an agreement on the use of new technology (hereinafter “instant agreement on the use of new technology”) with the purport of applying the instant disposal facilities construction work (hereinafter “instant construction work”) to the technologies that reduce the generation of cancer and recycle them into daily and intermediate soil (Patent No. 0427059, New Technology No. 172, the Ministry of Environment New Technology No. 172, hereinafter “instant patent construction”).

B. (1) On December 26, 2008, the Plaintiff concluded the construction contract with the Defendant Heavy Co., Ltd. (hereinafter “Defendant Heavy Co., Ltd”) (hereinafter “Defendant Heavy Co., Ltd”) and the construction contract amounting to KRW 438,237,00, and the construction period from December 4, 2008 to July 3, 2009.

(A) Around December 24, 2009, the construction amount of KRW 474,278,00 and the date of approval for use was changed on January 25, 2010). On January 5, 2009, the principal principle of the Defendant is as follows: (a) the construction amount of KRW 167,27,00 (including value-added tax) with respect to machinery and equipment works, such as sludge improvement equipment, etc. (hereinafter “this case’s machinery and equipment works”) during the instant construction, and the construction period of KRW 167,27,00 (including value-added tax).