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1. The Defendant’s KRW 128,045,440 for the Plaintiff and KRW 5% per annum from May 12, 2018 to July 18, 2018.
Reasons
1. Basic facts
A. On March 20, 2014, the Plaintiff concluded a contract on the extraction of aggregate with the Defendant on the aggregate with respect to sand underwater (hereinafter “the primary contract in this case”) with the company possessing the right to permit the extraction of aggregate on land and underwater water within the F Dam with respect to the Seongdong-gun and Drier E reservoir itself, which was ordered by the Korea Rural Community Corporation (hereinafter “the instant primary contract”).
- Article 4 (Period): The date of completion of dredging from March 26, 2014 (80 days to September 26, 2014) - Article 5 (Contract Amount): The aggregate taken out amount shall be calculated as at least 100,000 cubic meters per cubic meter of the aggregate taken out amount, calculated as at least 3,200 cubic meters
- Article 6 (Price Payment) (1): The cost of shuttle shipping and personnel expenses shall be borne in 50% each, respectively. If dredging vessels fail to produce a planned quantity, the Plaintiff will not bear the cost of shuttle shipping.
(3) As regards the remaining volume below 100,000 cubic meters of aggregate store volume, compensation shall be calculated as KRW 1,500 per cubic metres, and 50% of the transport cost shall be additionally borne.
- Article 7: The defendant shall produce at least 30,00 cubic meters of monthly production.
Provided, That the repair period shall be excluded when equipment is repaired.
1,500 won per 1 cubic meter in cases of a shortage of 90,000 cubic meters per three months shall be reduced from the production amount.
- Article 8: The plaintiff shall assist the defendant with equipment necessary for production after inserting the dredging line.
- Article 11: The defendant shall be immediately replaced with dredging lines with high capacity in production, or shall be responsible for production as additional facilities.
B. From the end of March 2014 to the end of June 16, 2014, the Defendant only produced aggregate equivalent to approximately 3,000 cubic meters of dredging volume under the instant primary contract. As to the cause of the depression, the Plaintiff determined that the dredging line with the 1,000-ray covered by the previous Defendant was due to the low engine paralysis, so that dredging performance falls short, etc., and requested the Defendant to replace the dredging line. Meanwhile, after G assumed office as the representative director of the Plaintiff on July 3, 2014, the original Defendant revised the instant primary contract on July 10, 2014 as follows.