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(영문) 대구지방법원 2019.05.16 2018나312648

손해배상(기)

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 20, 2014, the Plaintiff concluded a contract on the extraction of aggregate with the Defendant on the aggregate between the following terms with respect to the aggregate extraction agreement with the company holding the right to permit the extraction of aggregate on land and underwater water within the F Dam with respect to the land and underwater dredging project of the Gyeong-gun, Seongbuk-gun, and the E-Le reservoir in the Gyeongdong-gun, the Korea Rural Community Corporation ordered (hereinafter “the primary contract of this case”).

- Article 4 (Period): The date of completion of dredging from March 26, 2014 (80 days to March 26, 2014) - Article 5 (Contract Amount): The aggregate taken out amount shall be calculated as at least 100,000 cubic meters per cubic meter of the aggregate taken out amount and calculated as at least 3,200 cubic meters.

- Article 6 (Price Payment) (1): The cost of shuttle shipping and personnel expenses shall be borne in 50% each, respectively. If dredging vessels fail to produce a planned quantity, the Plaintiff will not bear the cost of shuttle shipping.

(3) As regards the remaining volume below 100,000 cubic meters of aggregate store volume, compensation shall be calculated as KRW 1,500 per cubic metres, and 50% of the transport cost shall be additionally borne.

- Article 7: The defendant shall produce at least 30,00 cubic meters of monthly production.

Provided, That the repair period shall be excluded when equipment is repaired.

1,500 won per 1 cubic meter in cases of a shortage of 90,000 cubic meters per three months shall be reduced from the production amount.

- Article 8: The plaintiff shall assist the defendant with equipment necessary for production after inserting the dredging line.

- Article 11: The defendant shall be immediately replaced with dredging lines with high capacity in production, or shall be responsible for production as additional facilities.

B. From March 2014 to June 16, 2014, the Defendant collected only aggregate from approximately 3,000 cubic meters, which considerably falls short of dredging capacity under the instant first contract, and the Plaintiff determined that the Defendant’s performance, such as the engine force of dredging lines, falls short of dredging lines, and requested the Defendant to replace dredging lines.

On the other hand, after G assumed office as the representative director of the Plaintiff on July 3, 2014, the Plaintiff entered into a contract with the Defendant on July 10, 2014 for partial revision as follows.

(hereinafter referred to as “instant secondary contract”) -.