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(영문) 대전고등법원 2017.11.22 2017나11177

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of waste disposal business, waste collection and transportation business, and the Defendant is a company with the purpose of waste transportation business, waste incineration facility operation and management business, etc.

B. Around February 2015, the Plaintiff entered into a service contract between the Defendant and the Defendant with the content that the Defendant would entrust the operation of the waste incineration facilities and power generation facilities of the factory (hereinafter “instant factory”) located in the Gesung-gun 515 (hereinafter “instant factory”) at the same time, if the Defendant were to concurrently operate the factory (hereinafter “instant contract”) from April 1, 2015 to March 31, 2018. The main contents of the instant contract are as follows.

The purpose of this contract is to introduce the Defendant’s proposal that the Plaintiff would enhance the rate of operation and efficiently operate the incineration and operation of incineration and operation of power production facilities under the contract for the services of the operation of incineration and operation of power production facilities (Evidence A 2-1). The purpose of this contract is to provide for matters necessary for the Defendant to perform his duties in a lawful and efficient manner in accordance with the relevant Acts and subordinate statutes.

Article 2 (Scope of Contract Operations)

1. Operation and management by incineration (1.2 tons/hours);

2. The contract term of Article 3 (Contract Term) of the Overseas Power Facilities (300kWh) is from April 1, 2015 to March 31, 2018, and if there is no objection between both parties two months prior to the expiration of the contract, this contract shall be automatically extended every one year.

Article 4 (Payment of Service Price)

1. The amount of driving management fees due to incineration shall be appropriated to the waste disposal expenses incurred by the Defendant’s workplace and the Defendant’s operating quantity, and the amount agreed upon by the Plaintiff shall be settled by

2. The expenses for the entrusted operation of power generation facilities shall be 50% of the amount of entry into the electricity trading station deposited to the Plaintiff at the end of each month and paid to the Defendant by the tenth day following the

Provided, That the REC shall pay 50% to the defendant at the time of sale.

Article 7 (Liability for Damages)

1. The defendant's intention or negligence.