logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.02.09 2016가합105231
손해배상(기)
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay 189,213,050 won to the Plaintiff (Counterclaim Defendant) and its payment from December 14, 2016.

Reasons

1. On the premise, the principal lawsuit and counterclaim shall also be deemed to exist.

A. The Plaintiff is a company with the purpose of waste disposal business, waste collection and transportation business, and the Defendant is a company with the purpose of waste transportation business, waste incineration facility operation and management business, etc.

B. Around February 2015, the Plaintiff entered into a contract with the Defendant under which the Defendant would operate the waste incineration facilities and power generation facilities from April 1, 2015 to March 31, 2018 (hereinafter “instant contract”).

Since then, the Defendant occupied and used the instant factory in accordance with the instant contract and operated waste incineration facilities and power generation facilities.

C. On October 31, 2015, at around 16:20, a fire occurred within the instant factory (hereinafter “instant fire”).

The fire of this case caused the fire of this case to be destroyed by the waste storage storage, refluor, boomr, waste transport confluor, the power plant team, the board warehouse, and the temporary building tent.

Since then, the Defendant did not restore the instant factory to its original state and did not operate the waste incineration facilities and power generation facilities in the instant factory. On November 23, 2015, the Plaintiff sent to the Defendant a certificate of content that contains an expression of intent to terminate the instant contract, and the content certification reached the Defendant around that time.

E. Around November 2015, the head of Masung-gun sent to the Plaintiff a letter stating that “All wastes stored in the factory of this case shall be disposed of.” The processing period was extended on December 30, 2015 by April 30, 2016.

Accordingly, on February 29, 2016, the Plaintiff sent to the Defendant a certificate of content that “to prepare a plan to dispose of wastes stored in the factory of this case at the Defendant’s expense and send it to the Plaintiff.”

F. The Defendant did not dispose of wastes stored in the factory of this case, and the Plaintiff, up to April 2016, 207.66 tons among the wastes subject to incineration in the factory of this case 40,537.

arrow