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(영문) 창원지방법원 진주지원 2018.09.05 2016가단35624
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Under the underlying facts, there is no dispute between the parties, or all the statements in Gap evidence Nos. 1 through 16 and Eul evidence Nos. 1 through 12 can be acknowledged in full view of the purport of the arguments as a result of the fact inquiry with respect to C-Gun, the Korea Southern Power Generation Co., Ltd. (hereinafter the above companies and D headquarters together with "D"), and E Co., Ltd. (hereinafter "E").

Plaintiff

A company is a corporation that carries out soil construction business, water supply and sewerage construction business, stone construction business, construction business, landscaping construction business and other business incidental thereto. The defendant company is a corporation that carries out the "G development business" in the whole area of Gyeongnam Fri, and the above agricultural and industrial complex development project implemented by the defendant company is made up of a large area of farmland and supplied land for factory to the consumers in need of land for factory after raising it as a flat land. In order to fill up farmland as a flat, there is a need for a lot of banking materials.

B. On June 11, 2013, the Plaintiff Company and the Defendant Company concluded a quantity supply contract (attached Form No. 1; hereinafter “instant supply contract”) with the Plaintiff Company as the contractor as the contractor.

The name of the original contract: The name of the construction project for G coal goods supplied by G: The period of construction for G coal goods supplied by G: The supply value on September 25, 2013 after commencement, September 25, 2013, and September 25, 2014 after completion: The daily gold-pon (Labor cost: the daily gold-free goods): The contracted quantity of Baba City contract: 216,00 cubic meters 【 10%

C. Around June 27, 2013, the Plaintiff Company filed a report on waste treatment with the business place “H”, the quantity of recycled wastes, the amount of coal materials, the year of 216,00 tons/years, and the purpose and method of recycling, embling/mix with soil and sand. D.

On July 11, 2013, the Plaintiff Company entered into a contract for services (contract number: I) with D as follows:

Service Name: Contract price for the third offer of buried coal materials: 63,445 tons of contract quantity of KRW 944,061,60 (including value-added tax), contract price of KRW 14,880 (including VAT):

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