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(영문) 서울남부지방법원 2014.02.07 2012가단9175

손해배상(산)

Text

1. The Defendant’s KRW 37,386,720 as well as 5% per annum from May 26, 201 to February 7, 2014 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Defendant Company was awarded a contract with respect to the manufacture and installation of Alpip boiler from Company B (B) on January 28, 2011 (as seen below, Company B refers to the Defendant Company B, and as follows:

(a) Item (1) of Article 1 (Name, Quantity, Standards, and Contract Amount): RPF Baer (2): The quantity omitted. (3) The total contract amount: omitted. (4) The total contract amount: 3,702,00,000/VAT.

1. Installation in the course of incineration: 300 million won per day ( 3,302,000,000); and

2. Civil works and construction works: To ensure that Article 2 (Performance Guarantee) (1) of the daily gold yarn (400,000,000) shall be installed in good faith in accordance with the drawings and estimated proposals, and that the machinery may be manufactured in good faith and passed an examination by the Party A;

Article 3 (Places and Place of Installation) B shall install the machinery prescribed in Article 1 to A in a place designated by August 1, 201 and complete normal operation (report on the commencement of operation of air discharge facilities) by August 1, 201.

Article 9 (Examination, etc.) (1) A shall be present at the request of A during the production and installation process and work at each time during the production and installation process.

In such cases, "A" shall be implemented when the working person of "A" and the third expert designated by "A" request the correction of the manufacturing process at their own discretion. If B does not comply with this request, "A" may request the suspension of production, and all damages incurred thereby shall be compensated by "B."

Article 18 (Technical Guidance) shall be permanently stationed after the installation of machinery until the normal operation of A, and the methods for solving problems, etc. shall be directed.

Article 19 (Safety Control) B shall be responsible for the safety control as follows in implementing the construction works of A:

1. He/she shall thoroughly observe Gap's safety instructions and actively implement all safety matters in the course of his/her work;

2. A safety supervisor at the time of the work of construction;