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(영문) 서울고등법원 2015.02.10 2012나49942
손해배상(기) 등
Text

All appeals against the principal lawsuit and counterclaim by the Plaintiff (Counterclaim Defendant) and the counterclaim by the Defendant (Counterclaim Plaintiff) are filed.

Reasons

1. Case summary and the presumed factual basis

A. The summary of the case pertains to the case where Defendant X-AC sought payment of the remainder of the construction cost against Defendant X-AC by asserting that the Plaintiff, who was awarded a subcontract for the installation and trial operation of machinery during the construction of food and wastewater treatment facilities from Defendant X-AC, completed the construction as its principal site. In addition, Defendant X-AC seeks payment of the expenses incurred by the Plaintiff against the Defendants based on an agreement to pay the operating expenses of the above facilities or the management of business affairs, and Defendant X-AC seeks payment of the expenses incurred by the Plaintiff against the Defendants on the basis of the agreement to pay the operating expenses of the above facilities or the management of business affairs

The first instance judgment dismissed all of the Plaintiff’s claims against the Defendants, and accepted all of Defendant X-NC’s counterclaim claims except for partial damages for delay. The Plaintiff is dissatisfied with the part against the principal lawsuit and counterclaim, and Defendant X-NC filed each appeal against the part against which it lost the counterclaim.

B. The Plaintiff is a company specializing in the installation and operation of environmental pollution preventive facilities, and the Plaintiff is a company specializing in the installation and operation of the environmental pollution preventive facilities (hereinafter “Defendant Dalin”).

) The company is a company that operates the Songpa-gu Seoul Metropolitan Government-dong 692-2 for the recycling of waste water from food waste in Songpa-gu, and Defendant X-HHE is a company that disposes of waste from food waste in Songpa-gu on July 20, 2009 (hereinafter referred to as “Song-gu waste disposal facilities”).

(2) The Songpa-gu waste treatment facilities are composed of food and wastewater treatment facilities and malodor removal facilities. Defendant X-HC is on July 31, 2009.

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