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(영문) 창원지방법원 2016.11.24 2015나35915
위약금등
Text

The plaintiff's appeal is dismissed.

Costs of lawsuit after an appeal shall be borne by the plaintiff.

purport, purport, and.

Reasons

(b) the facts of the basis;

A. On February 1, 2013, the Plaintiff entered into a removal service contract (hereinafter “instant contract”) with the Defendant and the Defendant to remove “a dangerous substance underground storage facility (structure) 50-liter*4 (area) 1 square meters (hereinafter “Ground oil storage facility”) and “agradon 27 square meters” by February 22, 2013 in Scheon-si, the ownership of the removed material is the Plaintiff, but instead, the Plaintiff agreed to pay KRW 2 million to the Defendant at the time of commencement of the work.

B. On February 2013, the Plaintiff removed glaps, and suspended the remaining work.

[Ground of recognition] No dispute exists, Gap evidence Nos. 1, Eul evidence Nos. 2 (including branch numbers; hereinafter the same shall apply), Eul's testimony, and the purport of whole pleadings

2. The parties' assertion

A. Plaintiff 1) In order for the Plaintiff to remove underground oil storage facilities pursuant to the instant contract, the Defendant, the owner of the instant contract, conducted a soil contamination inspection and a construction waste disposal plan report procedure, and the Defendant did not cooperate with the Defendant in implementing such administrative procedures, and the Defendant unilaterally terminated the instant contract without justifiable grounds. Accordingly, the Plaintiff incurred damages only for working expenses, without any material that would have been incurred after the removal work. Accordingly, the Defendant shall compensate the Plaintiff for damages incurred by the Plaintiff. Accordingly, the damages incurred by the Plaintiff are ① KRW 4 million in total, ② KRW 6.5 million in equipment and personnel expenses, ③ KRW 2.25 million in personnel expenses due to the work instruction, supervision, and safety management (15 days in total until the contract is terminated until the contract is terminated x KRW 1.5 million in total), ④ KRW 1,400,000 in total.

On the other hand, the plaintiff is a security deposit of KRW 2 million, ② the equipment costs and labor costs of KRW 6750,000, ③ the equipment costs and material costs of KRW 2,70.

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