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(영문) 서울고등법원 2017.09.15 2016나2085386
손해배상(기)
Text

1. As a result of the claim of the principal action that was changed in exchange in this Court:

A. The Plaintiff (Counterclaim Defendant) becomes bankrupt.

Reasons

1. The reasoning for this part of the lower court’s reasoning is as follows: “A Co., Ltd. was declared bankrupt on May 19, 2017 by Suwon District Court 2017Hahap1019, and K was appointed as a trustee in bankruptcy on the same day and taken over the instant lawsuit on May 31, 2017.

In the following cases, without distinguishing between C and the trustee in bankruptcy who takes over the lawsuit for convenience, all of the defendants are "the defendant".

) In addition to adding "A", the reasoning of the first instance judgment is the same as that of the corresponding part of the judgment, and thus, it is quoted in accordance with the main sentence of Article 420 of the

2. Judgment on the counterclaim

A. The reasoning for this part of the judgment of the court of first instance is as follows, and this part of the judgment of the court below is identical to the corresponding part of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. 1) Of the judgment of the court of first instance, the phrase “balma energy” is written in the word “balma machinery” and the expression “witness” are written in a lump sum with the witness of the court of first instance. 2) The phrase “0.72%” of the 8th parallel of the judgment of the court of first instance is written in 72%.

3) From 11 to 9 pages 8 of the judgment of the court of first instance, the following shall be applied. As to the assertion that “(1) first violates the duty to use oil burners and pelletsers concurrently.”

Article 7(2) of the Agreement prepared at the time of the instant contract provides, “The use of existing burners shall be smooth in installing pellets that are used concurrently with existing burners.” Article 7(3) of the Agreement provides, “The sum of the monthly use of pelpelpellets and the amount of the construction cost paid in installments shall be reduced by 10% or less of the fuel costs that the Plaintiff presented in the initial period of the project, and there is no business benefit of the Defendant because the sum of the monthly use of pelpelpellets and the amount of the construction cost

When determining, the defendant shall adjust the fuel supply to the plaintiff A.

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