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(영문) 대전지방법원천안지원 2017.12.01 2016가합1178
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company with the objective of manufacturing and selling new and renewable energy businesses, energy businesses using wastes, and electricity production businesses. The Defendant is a company with the objective of collecting, transporting, and disposing wastes, selling waste solid fuels, manufacturing and selling alternative fuels.

B. The Plaintiff entered into a steam supply and purchase contract with the New Chang Site Industry Co., Ltd. (hereinafter “New Chang Site Industry”), and it refers to solid fuels manufactured with solid fuels Bio-SRF timber, vegetable residues, and other energy, which are recognized and publicly notified by the Minister of Environment as possible to be used as other energy.

(Bomass-Slouse Redel, hereinafter referred to as "bio-solid fuels") supplied gas (energy) generated from solid fuels to the new manufacturing industry after being supplied with such solid fuels.

The purpose of Article 1 (Purpose) of the instant Supply Contract is to supply the Defendant with bio-solid fuels used in No. 100-1 of the Plaintiff’s on-site, Asan-si, Asan-dong, 100-1.

Article 2 (Contract Items and Unit Price) The subject matter of contract shall be the solid fuels produced by the defendant, and it shall be limited to the solid fuels that have been issued by the Korea Environment Corporation after being judged to meet the quality and grade standards by an authorized testing institution.

- Name: unit and quantity of bio-solid fuels - unit and quantity: 1 ton: 25,000 - Place of arrival: Article 9 (Damages) of the Gain Industrial Complex

1. The defendant must compensate for damages that the plaintiff suffered as a result of the defendant's breach of this contract.

3. In the event of the suspension of operation due to defective ingredients supplied by the Defendant, the Plaintiff shall claim damages for the suspension of operation by burning to the Defendant.

1. Expenses for facilities A/S in cases of equipment abnormal from inferior raw materials;

2. When operation is suspended by burning of inferior raw materials;

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