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(영문) 대구지방법원 김천지원 2018.05.10 2017가단32806
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 17, 2016, the Defendant entered into a contract with the representative D (hereinafter referred to as “D”) of C on February 17, 2016, where the Defendant referred to as “D” and “C” when referring to a business entity (hereinafter referred to as “instant contract”), and the content thereof are as follows.

Section 1 (Purpose) This Agreement shall be drawn up with the order of Section A (C) for waste minerals (Sic, other minerals, etc.) promoted by the Defendant and for the repair of plant and machinery manufacturing to be made by the lower contract. This Agreement shall be drawn up with respect to subsequent payment.

Article 2 (Determination of Funds for Repair of Machinery of Waste Minerals Processing Facilities and for Trial Operation of Manufacturing Wastes)

1. B: A-K (Omission) total amount of 50 million won, which is required to run safely for repair and maintenance of supplementary machines within the Defendant;

2. A shall determine the total amount of the various expenses incurred for the mechanical repairs and maintenance and repair works for the normal operation of a factory under Article 2(1) of B as KRW 50 million, and Eul shall pay KRW 5 million to A on the last day of March from the end of each month, which is the sum of KRW 3 million for factory rent and KRW 3 million for the machinery and equipment of Gap and other trucks, and the rent for the use of ancillary devices including fork owner trucks.

However, it shall be replaced by the rent of 50 million won and the rent of 50 million won and the rent of 50 million won for each month to be paid by A under this contract to B.

3.B shall expand all the facilities for the normal operation of the factory at the above amount, and if any, all the expenses shall be borne by B.

Article 15 (Transfer of Rights) A and B shall not transfer to a third party or offer as security all or part of the rights arising from this Agreement and its incidental agreements or individual contracts unless the consent of the other party is obtained by document.

The evidence No. 1 contains several parts modified in the paper form, and the paper is written.

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