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(영문) 의정부지방법원 2017.10.25 2015가합52838
손해배상(기)
Text

1. On April 10, 2015, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) for KRW 281,283,408 and KRW 243,256,603 among them.

Reasons

1. Basic facts

A. The status of the parties and the content of the instant construction work 1) The Plaintiff is a corporation established for the purpose of civil engineering work and excavation work, etc., and the Defendant is a corporation established for the purpose of civil engineering work, building work, etc.

2) The instant construction works are required to install the pipes underground to install six meters of the PE Pressureline 200 meters between Manman and install the transmission facilities by laying 6 meters of the PE 200 meters of the PE pressureline between Manman. The instant construction works are required to open the sections where land opening can be done directly and install the conduits, and the sections where it is difficult to open on the ground (total 1,870 meters) are to be managed by the Defendant on-site and install the conduits through the oriented pressure pressure installation works conducted through the specialized construction works.

B. Conclusion of the instant contract

4. Terms and conditions of lease ① DTRALTO (ZT-105 g, 4,180 g, 623 litres/mination, ZT-25 g, 430 g, 250 g, 250 g, 250 g) and related accessory equipment; ② under the condition that the lease includes one equipment engineer, one entitron processing engineer, one equipment maintenance engineer, one assistant maintenance engineer, and two auxiliary maintenance engineers; ③ in principle, “B” shall be directly treated and deducted from the amount of equipment lease.

(4) Where construction machinery is broken out during construction works, "A" shall be repaired promptly, and all expenses incurred therein shall be borne by "A".

(5) The term "B" shall not use, or sublease leased construction machinery for any purpose other than its original purpose, and where any cause for the removal of construction machinery occurs due to inevitable circumstances, such as working conditions during the contract period, he/she shall notify "A" of such fact and accept construction machinery in accordance with mutual agreement.

5.

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