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(영문) 대구지방법원 2016.03.17 2015가합204384

물품대금

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 corporation that runs the business of collecting aggregates, etc., and the Defendant is a corporation that engages in mineral development, processing, sales, export and import business, etc.

B. On January 28, 2006, the Defendant entered into an agreement with the Plaintiff on the establishment of mining rights owned by the Defendant (registration number: No. 69642, location: At the attraction of the former Heung-gun, mining land register: 69 small units of 1, 2, and mining land register: Mazin, area: Mazin, 96, hereinafter “the instant mining right”) with respect to the mining period from January 28, 2006 to February 28, 201 (hereinafter “the instant mining right”) by setting the mining deposit amount of KRW 50,000,000 from February 28, 201.

The main contents of the mining concession contract of this case are as follows.

[Agreement on Establishment of Mining Concessions] Article 1 of the Mining Concession Period is from January 28, 2006 to February 28, 201.

(Provided, however, upon the expiration of the period, the Plaintiff and the Defendant may extend the period under the agreement). Article 2 of the Mining Deposit shall, within six months from the date of the contract, pay to the Defendant the amount of KRW 50 million with the mining deposit, and upon the expiration of the period, the Defendant shall return the deposit to the Plaintiff. If the foregoing mining deposit is not paid, the Defendant shall change the name of the Plaintiff.

Article 3 Monthly Mining Fees shall be KRW 800 per ton on the basis of the volume of mineral products shipped, and the plaintiff shall settle accounts on the 25th day of each month and pay to the defendant on the 15th day of the following month.

Article 5 When the light expires, the defendant shall bear the full amount of the cost of machinery dismantling and transporting in respect of machinery facilities and all matters when it is not extended to the plaintiff.

Article 6 (3) The defendant does not present any condition to the plaintiff within the light period, and shall compensate the plaintiff for the amount of KRW 300 million when the defendant requests the cancellation of the contract without any justifiable reason.

Article 10 The plaintiff unilaterally terminates this contract when he/she fails to pay monthly mining fees for at least three months.

C. According to the instant mining concession contract, the Defendant had established a mining concession right on February 20, 2006 to the Plaintiff.