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(영문) 수원지방법원 2017.01.13 2015가합60712
손해배상(기)
Text

1. The Defendant’s KRW 177,564,420 as well as the Plaintiff’s annual rate of KRW 6% from April 8, 2015 to January 13, 2017.

Reasons

1. Basic facts

A. On May 17, 2012, the Plaintiff: (a) produced chips as fuel from the Japanese Energy Co., Ltd.; and (b) contracted the business to supply fuel production/storage and supply facilities, which are part of the contracted construction works, to the Defendant (hereinafter “instant facilities”); and (c) subcontracted on February 28, 2013, the amount of compensation for delay equivalent to 0.2% of the contract amount per the number of days (However, the maximum amount of compensation for delay does not exceed 10% of the contract amount subject to the calculation of compensation for delay); and (d) the Defendant set the terms of delivery that the Defendant should complete the manufacturing/storage and operation of the instant facilities, which are part of the contracted construction works (hereinafter “instant facilities”).

Since then, the Plaintiff and the Defendant reduced the contract amount to KRW 2,959,407,00 (including value added tax), and changed the payment period to May 5, 2013.

(hereinafter “instant subcontract”). (b)

The equipment of this case is a structure that produces chips by crushing timber from a scraper, and transfers chips so produced through a reconciner in the chip storage tank through a reconciner, and supplies chips to a reconcination with a reconcination, and supplies them to a reconcination.

C. Between the Plaintiff and the Defendant, the test run of the facility of this case on May 6, 2013. However, the Plaintiff and the Defendant failed to conduct a test run on the above day due to the lack of remaining work of the facility of this case and the lack of electrical construction necessary for the test run of the facility of this case, and the first lower test run on May 26, 2013.

However, at the time of trial operation, the basic concrete set of the bend unit of the lever pressure string, etc. occurs, and the defendant changed the lever driving method, etc.

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