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(영문) 수원지방법원안양지원 2016.01.13 2014가단24318
공사대금
Text

1. As to the Plaintiff (Counterclaim Defendant) KRW 10,00,000,000 against the Defendant (Counterclaim Plaintiff) and its related thereto, the Plaintiff (Counterclaim Defendant) from December 2, 2014 to January 13, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1 and 2, taking into account the whole purport of the pleadings:

The plaintiff is a legal entity that has its head office in Ansan-gu, and operates water supply and drainage facilities, dredging, piting, washing, etc. while running the business. The defendant is a legal entity that operates food waste disposal business, sewage sludge disposal business, etc. with its head office in Stitu City D.

B. A contract between the Plaintiff and the Defendant is entered into between the Defendant and the Defendant on June 2014, and the Defendant’s E facilities entrusted by Osan City (hereinafter “instant facilities”).

(2) Of the instant contract, the agreement provides for the disposal of the sediment in some facilities (hereinafter referred to as “instant contract”).

(2) According to the instant contract, the Plaintiff: (a) puts the equipment owned by the Plaintiff at the instant facility (one dredging vehicle, one motor vehicle in its original form, one pressure rolls); and (b) puts the work part into the instant facility (hereinafter “first work”); and (c) carried out the water treatment work from June 28, 2014 to July 8, 2014 (hereinafter “second work”); and (d) thereafter, he/she again carried out the water treatment work from September 28, 2014 to October 11, 2014.

2. The parties' assertion

A. Around June 2014, the Plaintiff entered into the instant contract with the Defendant to handle 60 tons of reeds 60 tons of the instant facilities, which are deposited with the Defendant, among the instant facilities. A contract period was set at two days from the commencement date of work considering that the Plaintiff’s daily treatment volume of the Plaintiff’s equipment per hour exceeds 30 tons, and the contract amount was set at KRW 6,000,000 for one day of work according to the industry’s practice.

On June 28, 2014, the Plaintiff, according to the instant contract, puts the Plaintiff’s equipment into the facilities, started the process of treating the subject matter, and the Defendant was the instant case.

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