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(영문) 대구지방법원영덕지원 2016.07.14 2015가합23 (1)
손해배상(기)
Text

1. The Defendant’s KRW 44,200,00 and the Plaintiff’s annual rate of KRW 5% from January 28, 2015 to July 14, 2016, as well as the following.

Reasons

1. Occurrence of liability for damages;

A. 1) The Plaintiff is a corporation whose purpose is to screen and scrap aggregate, aggregate transport business, etc., and the Defendant (former trade name: Dae-wheeled Co., Ltd.) is the land aggregate extraction business, aggregate screening business, etc., and the Plaintiff is a corporation with the objective of screening aggregate, etc. from Ulsan-gun, Ulsan-gun, U.S. (hereinafter “instant site”).

(2) On March 19, 2012, the Plaintiff entered into a contract for aggregate production (hereinafter “instant contract”) with the Defendant as follows.

Article 1 (Name of Contract) of the Aggregate Production Contract (Name of Contract) Article 3 (Terms of Contract) of the Contract for Aggregate Production

1. Production cost;

2. It shall be settled on the basis of the volume shipped by the end of each month of payment, and the defendant shall be entitled to either pay to the plaintiff by means of an advanced bill with cash or revenue in the same manner as the standards for the approval of the aggregate supplier; and

4. The additional period of permission, including the period of permission from April 1, 2012, shall continue until the last day of the period of permission;

Article 4 (Safety Management)

1. The Plaintiff is fully responsible for the safety management that occurs in the process necessary for the production of aggregate.

2. The Plaintiff shall purchase the industrial accident insurance at the time of the on-site operation and submit the certificate of industrial accident insurance to the Defendant.

Article 6 (Terms and Conditions of Aggregate Production)

1. The defendant shall assist the plaintiff with one type of aggregate production facilities.

2. The Plaintiff is responsible for the maintenance and repair of the aggregate production facilities provided by the Defendant while the Plaintiff is in operation.

6. The defendant shall supply electricity, powders, and oil to the plaintiff, and the plaintiff shall settle monthly closing and deduct them from the plaintiff's flag.

Article 7 (Management of Works Outside Conditions of Permission)

1. The plaintiff must work within the conditions of permission, and the environmental problems and illegal matters arising during the plaintiff's work are responsible for the plaintiff.

Article 9 (Termination of Contracts)

1. The Plaintiff is normal due to a breach of contract or a failure in safety management.

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