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(영문) 수원지방법원 2015.02.11 2014가단11488

손해배상

Text

1. The Defendant (Counterclaim Plaintiff) and the Defendant respectively filed against each Plaintiff (Counterclaim Defendant) KRW 41,801,189, and their amount from March 8, 2014.

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Basic facts

A. (1) The Plaintiff is a contractor of “B construction” ordered by the Korea Electric Power Corporation (hereinafter “instant construction”).

(2) On November 8, 2013, the Plaintiff entered into a transport contract (hereinafter “instant transport contract”) between the Defendant Company and the Defendant Company with the content that the Plaintiff would use “unexploitive and external accessories” in connection with the instant construction work from Incheon to the Cridge (hereinafter “instant transport contract”).

[Article 2 (Scope of Services)] The duties entrusted by the Plaintiff to the Defendant Company under this Agreement refers to the following duties:

- With the starting of domestic Incheon Port, the transport, storage, loading, and unloading from the sea to the Cridge, which is to be transported on land after the ocean transmission, - Other services incidental to the affairs set forth in subparagraphs of this Article, which are agreed between the Parties in advance (Article 4 (Work Charges, etc.) - Contract Price (Total Amount): KRW 218,570,00 (including value-added tax) [Article 6 (Compensation)] - In the event of the Plaintiff’s loss of the Plaintiff’s cargo due to intention or negligence on the part of the Defendant Company, the Defendant Company is liable for damages on the basis

(3) Meanwhile, the said Cridge was located in 12 Lanes, which the Plaintiff transported on or around September 5, 2013 for the instant construction. However, the Defendant Company: (a) was required to move 12 parts of Lanes in order to transport “other parts than ruptures” to the Cridges; and (b) the Plaintiff and the Defendant Company were to take charge of the work of securing access roads by moving 12 parts of Lanes to secure access roads by moving 12 parts of the ruptures.

B. The Defendant Company is responsible for transporting and destroying the interest sheet of this case.