채무부존재확인 및 손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning of the court's explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance. Thus, it is acceptable to accept this as is in accordance with the main sentence of Article 420 of the Civil Procedure Act
2. Parts VI through VII of the judgment of the court of first instance are as follows:
2) However, in light of the following circumstances acknowledged by adding the statements in Gap evidence Nos. 1, 4, 5, 7, and 10 and the whole purport of arguments, the promotion of the project in this case is anticipated to be practically impossible, and the defendant also has difficulty in implementing the agreement in this case due to the aggravation of economic situation. (A) although the plaintiff is a person who has rendered distinguished services to the State and has no particular expertise in the collection of earth and rocks like the project in this case, although the plaintiff is a person who is obligated to obtain approval for profit-making business and permission for collecting earth and rocks, the plaintiff is a company established for the purpose of collecting earth and rocks and selling earth and rocks, and the defendant has prepared a development plan for collecting earth and rocks in detail and proposed the project in this case to the plaintiff. (2) Even according to the agreement in this case, the defendant can perform its duties in the name of the plaintiff. The plaintiff secure land and authority from the Korea Forest Service, support the defendant's business to acquire earth and rocks (Article 5 (1)), expenses are fully borne by the defendant (Article 6).