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Reasons
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(영문) 대전지방법원 2018.05.17 2016가단217687
청구이의
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 22, 2016, the Plaintiff and the Defendant were joint contractors and received orders from Ansan-si on the following terms and conditions: “The primary service contract for the Defendant’s performance of the “Sasan-si Kim Jong-si Kim & Kim- Farming Fishing Ground dismantling and Disposal Services” (hereinafter “the primary service contract”).

- The content of the service: - The cost of dismantling, collecting, transporting, incineration, disposal of marine wastes (270t) - the total cost of 78,90,000 won (excluding value-added tax): the cost of collecting and transporting wastes of KRW 33,00,000 (in the form of 1:50,000 won pert) for the disposal of wastes of KRW 13,50,000 (50,000 won pert) for the disposal of wastes: 32,40,000 won (120,000 won pert - the period of 40 days from the date of commencement - the timing of payment for the service: within 5

B. On February 25, 2016, the Plaintiff, the Defendant, and the Ktex Co., Ltd.: (a) between Ansan-si and Ansan-si on February 25, 2016, the following content is as follows:

- The content of the service was signed. - The 97,840,000 won (including value-added tax - the contract period: 40 days from the date of commencement of the service, 40 days from the date of the start of the service period;

C. From March 3, 2016, the Defendant:

4. By November 1, this case’s 196th service contract, the pulmonary scrap was dismantled and disposed of in accordance with the second service contract.

The plaintiff, the defendant, and the defendant corporation are "a modified service contract (hereinafter referred to as "the amended service contract") that alters the second service contract between Ansan-si and Ansan-si on April 19, 2016 into the following contents:

AB concluded the agreement.

- Ground: 270t of waste disposal quantity anticipated for the second service contract, but of waste disposal quantity actually treated, shall be reduced to 178.36t. - Reduction of service price to 66,600,000 won;

E. On April 2016, Ansan-si paid 66,60,000 won to the Plaintiff, etc. in full according to the revised service contract.

F. The Plaintiff’s first instance on the ground that the total amount of service was reduced according to the revised service contract.

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