beta
(영문) 전주지방법원 군산지원 2018.09.20 2016가합402

약정금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On May 19, 199, the Plaintiff established D Limited Company D (hereinafter “D”). At present, the Plaintiff’s share of 70% with his/her spouse E is 40% and E’s share is 30%. The Plaintiff is a registration director holding B.

B. D is the land F, H, I, J, and K totaling 39,868 square meters in the Gunsan City, which was owned by a third party from 199 to 199, and four parcels of land, F, H, I, J, and K.

(hereinafter referred to as “the instant stone collection site”) obtained permission to collect earth and stone and continued to extend the permission. On September 16, 2003, the board of directors passed a resolution to transfer D to the Plaintiff. On September 26, 2003, the Plaintiff transferred the right to permission to collect earth and stone to the Plaintiff until February 28, 2005.

C. D obtained permission to collect earth and stone (hereinafter “the permission to collect earth and stone of this case”) from the Gunsan City during the period from March 15, 2005 to February 28, 2008 from March 15, 2005, from the Si of Gunsan to February 28, 2008, from the stone collection ground of this case to the 521,145 metres for general industrial purposes (hereinafter “the instant stone collection”).

Since then, around June 2007, the instant permission was changed to "from June 2007 to February 28, 2008, the period of removal was changed to "the period of removal was from June 2007 to February 28, 2008, civil engineering and fine aggregate usage" and "the period of removal was from July 4, 2007 to February 28, 2008" respectively.

D’s representative G on December 7, 2005, the Plaintiff prepared a written confirmation confirming that “D transferred to the Plaintiff the right to permit the collection of earth and stone in this case, the restoration deposit expenses, the surety insurance policy, the D representative director, and the distribution of non-permission local earth and stone prices.”

E. On February 28, 2007, D entered into a contract with the Defendant Limited Company C (hereinafter “Defendant Company”). On February 28, 2007, it concluded a contract with the Defendant Company to sell earth and stones (hereinafter “instant contract”) with the content that the entire earth and stones collected from the instant stone collection site is calculated by cash payment of KRW 1,700 per cubic meter (payment by January 30) to the Defendant Company.