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(영문) 서울고등법원 2020.02.19 2018나2031857

약정금

Text

1. The Plaintiff (Counterclaim Defendant)’s claim against Defendant B and Defendant (Counterclaim Plaintiff) that had been expanded by this court.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On December 22, 2014, the Plaintiff is a company engaged in the business of collecting, crushinging, etc. non-metallic minerals, and the Plaintiff is a company engaged in the business of collecting, crushinging, etc. of non-metallic minerals, and the exclusive use area of 26,79 square meters (the total area of 35,402.7 square meters; hereinafter “instant site”).

(B) From October 1, 2014 to May 15, 2016, the purpose of the instant permit was to obtain permission to temporarily use farmland for other purposes (hereinafter “instant permit”). The Defendant C is a business name of E operating an aggregate extraction business, and Defendant C is the actual operator E with the husband of the Defendant C. (B) The instant site was composed of 37,882 cubic meters from the instant permit (=25,03 cubic meters from the surface) to the 25th anniversary of the instant permit, indicating “the instant permit to temporarily use farmland for other purposes” (hereinafter “instant permit”). From 25,03 cubic meters to the 25th anniversary of the instant permit to gather sand, the Plaintiff was to enter into a contract with the 25th square meters of the instant permit to restore the site to the original state, excluding the volume of sand collected, from the 25th square meters of the instant permit to the 25th square meters of the instant permit to the 20th anniversary of the volume of sand collected to the original state.

(B) Defendant B jointly and severally guaranteed the issue of nonperformance of the instant contract. The main parts of the instant contract are as follows. The Plaintiff (the trustor) who is the mining right holder of the mineral (L/L) production and restoration contract shall be referred to as “A”.

and selective production; and