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(영문) 춘천지방법원강릉지원 2017.08.29 2015가합5579
손해배상(기)
Text

1. The Defendant: (a) KRW 320,740,000, and 5% per annum from October 1, 2015 to August 29, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is operating the manufacturing and repair business of various industrial machinery and industrial structures. The Defendant operates the refining and sales business for the production of allus (special Allusa and fishery aluminium) products. 2) The Energy Management Technology Co., Ltd. (hereinafter “Energy Management Technology Co., Ltd.”) under the Energy Use Rationalization Act means an enterprise participating in the business for the installation of energy saving type, providing comprehensive services such as technical funds (energy diagnosis, maintenance and repair of facilities, etc.) and recovering investment funds in the energy conservation amount.

Projects, etc. are operated.

B. On March 25, 2014 and May 7, 2014, the Plaintiff, the Defendant, and the Energy Management Technology (hereinafter “instant project”) gather together with the Defendant’s office on March 25, 2014, as well as on May 7, 2014, are revolving the Defendant’s route, and are also a wheel route. The Plaintiff, the Defendant, and the Energy Management Technology (hereinafter “instant project”). The ESCO project for the recovery of waste heat (hereinafter “instant project”). The project in which the ESCO project in question is carried out by inserting materials inside the revolving the steel system with a fireproof brick attached thereto.

(2) The construction of the instant construction project and the GSC incidental thereto (hereinafter referred to as the “instant construction”).

(2) On April 21, 2014, the Plaintiff submitted a proposal on the progress of the instant construction project to the Defendant and submitted the relevant report to the Defendant’s executives.

3) After July 7, 2014, the Defendant and the Energy Management Technology entered into a standard contract for the performance guarantee of ESCO investment business entities, and the main contents thereof are as follows. The Defendant (energy users) and the terms and conditions of the standardized contract for the performance guarantee of ESCO investment business entities: the ESCO project for the improvement of waste heat recovery and ESCO project (hereinafter omitted).

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