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(영문) 광주고등법원(전주) 2020.01.23 2018나12198

채무부존재확인

Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff, a company engaged in the business of collecting earth and rocks, etc. from December 2, 2004 to November 2, 2014, collected earth and rocks in the above forest land by obtaining permission for collecting earth and rocks from the Gasan-si and the 43,614 square meters of forest land outside the Gasan-si from the Gasan-si market.

B. On October 26, 2015, the Plaintiff entered into a guarantee insurance contract between the Plaintiff and the Defendant B with a view to depositing the recovery expenses for the collection of earth and stone as the guaranty insurance policy in obtaining the permission for collection of earth and stone as above. On October 26, 2015, the Plaintiff entered into a contract with the Defendant B for the alteration of the guarantee insurance policy for the insurance period from November 3, 2004 to November 2, 2016, and submitted the guarantee insurance policy at the time when the Defendant is following: (2) In addition, the Plaintiff entered into the guarantee insurance contract between Defendant B and the insured on October 26, 2015 to deposit the recovery expenses for the collection of earth and stone as the guarantee insurance policy; (305,595,000 won, and the insurance period from August 17, 2012 to November 12, 2016 (hereinafter referred to as the guarantee insurance policy).

(hereinafter referred to as “instant guarantee insurance contract”) C.

On November 3, 2014, when the period for permission for the collection of earth and stone expires, the Plaintiff filed an application for approval of the plan for the recovery of earth and stone with the following: (a) on November 14, 2015, the period for permission for the collection of earth and stone expires; and (b) on May 14, 2015, the Doksan Mayor notified the Plaintiff of deposit of KRW 3,540,000,000 until June 15, 2015. (b) The Plaintiff filed an application for extension of the deposit period with the Doksan City Mayor on five occasions from June 16, 2015 to April 14, 2016. However, the Doksan City Mayor did not deposit the deposit period for the recovery expenses within the said period.

3. This.