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(영문) 수원지방법원 2016.12.15 2016나2519
공사대금
Text

1. The part of the judgment of the court of first instance against the plaintiff (Counterclaim defendant) regarding the counterclaim shall be revoked, and that part shall be applicable to the revoked part.

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”).

) There is dispute between the parties regarding the content of the agreement, excluding the fact that the agreement was made, as set out below, as to what facilities the content of treating the sediment loaded in certain facilities, whether the sediment is loaded in any facility, how much the sediment is, whether the sediment is treated at any stage, whether the sediment is treated at any stage, and the period of work, etc.

(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 summary of the Plaintiff’s claim of this case entered into the instant contract with the Plaintiff and the Defendant to treat 60 tons of the deposited things 60 tons in the instant water tank among the instant facilities. The contract period is 30 tons of the Plaintiff’s equipment per day.

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