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(영문) 대구지방법원 서부지원 2018.09.13 2016가단60741
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of collecting and selling aggregate on July 1, 1991, and the Defendant is a company established for the purpose of collecting aggregate on January 18, 2013.

B. On June 30, 2015, the Plaintiff entered into a contract for the production and sale of dredging soil (L) with the Defendant (hereinafter “instant contract”). The main contents are as follows.

Article 1 (Details of Contracts)

A. The contract term of “A” and “B” are limited to the contract term between “A” and “A” and “A”.

B. “B” is responsible for the production of dredging soil using dredging lines.

C. The production of dredging soil and sand shall be “B” and the upper end shall be “A”.

At the same time as the contract is concluded, "B" shall put the dredging vessels (including all of the tugboat and ancillary facilities) in the above D reservoir in a state where it can be immediately produced and operated, and the period up to the beginning date of production shall be set at a maximum of 30 days.

(h) A dredging vessel shall be permitted to operate normally, and a copy of the construction machinery registration certificate (hing vessel) shall be submitted to "A"

E. In part of the cost associated with the transport of dredging vessels, “A” provides security to “B” in cash and “B” shall return all the security provided by “A” at the time of the completion of the transport.

(A) The Cash Security provided by “A” is KRW 50 million, and this Agreement shall enter into force at the same time as deposit)

(f) “A” is not involved in all sale of the dredging soil of “B”.

G. All necessary matters, other than the above provisions, shall be resolved smoothly through consultation between both parties.

Article 2 (Contract Quantity and Unit Price)

(a) the quantity of the contract shall be determined from the date of this contract to the quantity produced “B”;

(The amount of new production, excluding the amount of existing production, based on the contract for the dredging project between the Bank of Korea and the Korea Rural Community Corporation;

(b) The standard unit price for the sale of the contract quantity shall be 15,000/m2.

(c) The prime contractor of the contract quantity shall be 2,200 won/m2, and the production cost shall be 3,200 won/m2.

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