손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On June 2014, the Plaintiff asserted that: (a) the Plaintiff entered into a partnership agreement to operate an aggregate extraction business and distribute the profits therefrom to 6:4 by investing the Plaintiff’s funds and net B’s investment in mining rights (F, G, H, and I as a mining right holder); (b) the Plaintiff agreed that the proprietor of the business (hereinafter “J”) shall be the J (hereinafter “J”).
(hereinafter “this case’s trade agreement”). After July 1, 2014, J, as a beneficiary of a contract for a third party, expressed its intention of acceptance, and simultaneously accepted the Plaintiff’s obligation as the Plaintiff’s partner.
From June 11, 2014 to November 20, 2014, the Plaintiff directly paid KRW 24.6 million to the network B, etc. for business expenses. The Plaintiff believed that the instant partnership agreement on the aggregate extraction business will be implemented, and the J invested KRW 261,715,697 in the aggregate of the expenses incurred in implementing the said business, including the drilling investigation expenses, including KRW 11.55 million.
Nevertheless, Defendant B and Defendant E, without permission, taken photographs of the result of the drilling conducted at the expense of the Plaintiff’s side and stolen it, and obtained permission to extract aggregate from the Hongsung-gun Office for the site of the drilling conducted by the Plaintiff in the name of the representative director of Defendant D, and conducted the project.
As a result, the network B shall give consent to the part of the mining area, the mining right holder's consent to which is agreed as mining right holder's mining area, and as to the remaining parts, it shall not cause the consent, thereby failing to perform its obligations under the instant trade contract, and thereby deceiving the plaintiff from the beginning without any intent to grant any right concerning the extraction of aggregate, etc. under the instant trade contract, and Defendant D and Defendant E shall be aware of the relationship between the network B and the plaintiff's side, and they shall not be able to perform the network B's default.