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(영문) 서울중앙지방법원 2019.08.21 2019가합506324
분담금 청구
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that performs the duties of planning, installation, operation, etc. of facilities as the implementer of the D development project. The Defendants are companies that operate power plants for the development, development, etc. of electric resources.

B. Concluding the instant entry contract 1) The Plaintiff recycled coal materials generated in the course of operating a thermal power plant operated by the Defendants, thereby constituting a site for the instant development project (hereinafter “instant site”).

(2) In order to use the coal as a embling material, if the coal materials buried in the reprocessing site of the thermal power plant operated by the Plaintiff were carried out, the Defendants entered into a coal re-entry contract with the Plaintiff in the form of transportation subsidy, etc., that pays the Plaintiff expenses incurred in the outside of the coal materials, such as coal excavation and transportation to the instant project site (hereinafter the following, the coal re-entry contract with each of the Defendants differs in terms of the date of the contract, the terms of the contract, etc., but, collectively, the “the instant

(2) On December 29, 2008, the Plaintiff entered into a contract with Defendant B to December 28, 2013 by setting the contract quantity as 1.5 million tons (300,000 tons/years). On December 27, 2013, the Plaintiff entered into a contract with the term of contract from December 29, 2008 to June 30, 2020, setting the contract quantity as 3 million tons (300,00 tons/years).

In the case of Defendant B, the transportation subsidy was set at KRW 5,500/ton at the time of the initial contract, and thereafter, the transportation subsidy was increased through the modified contract, and the transportation subsidy was changed to KRW 9,433/metric tons through the modified contract on November 6, 2018.

The main contents of the above entry contract are as follows:

Article 5 (Terms and Conditions of Supply) (2) In the following cases, Defendant B may suspend the supply of coal until the plaintiff solves all the problems.

1. Where he/she is found to have violated or neglected the provisions of Article 13;

3. Coal;

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