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(영문) 대전지방법원서산지원 2019.01.31 2018가합50088

손해배상(기)

Text

1. The Defendant’s KRW 20,000,000 as well as 6% per annum from February 14, 2018 to January 31, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff (formerly, the Plaintiff Company C) is a company that runs the business of collecting and selling forest aggregate and the business of crushing aggregate; and the Defendant (formerly, D Co., Ltd) is a company that runs stone development business and aggregate extraction business.

B. On December 30, 2008, the Defendant, including the Defendant’s authorization and permission, obtained permission to collect earth and sand for the purpose of gathering earth and sand (i.e., permission on December 30, 2008 - December 31, 2016), and obtained permission to collect stone for the purpose of collecting stone (construction) and for collecting stone for civil engineering on November 7, 2016. The Defendant obtained permission to obtain permission to collect stone for the purpose of collecting stone for forest aggregates (construction on November 7, 2016 - October 31, 2026).

C. Around June 3, 2013, the Plaintiff entered into a stone supply contract between the Plaintiff and the Defendant and the Defendant and the Defendant’s notice of termination of the contract. The key contents of the said contract are as follows. Article 1 (Business Purposes) of the Raw Milk Supply Contract:

1. “B” shall conduct the business of producing, processing and selling soil and sand produced by “A” and products of value by sorting and crushing them (mix aggregates, aggregates, etc.) after being supplied with stone and stone, and “B” shall pay the price of the stone to “A”.

Article 2 (Sites for Permission)

1. The primary project site “A” shall be a site for permission to collect earth and stones (to be used) on December 30, 2008, and the details thereof shall be as follows:

(a) Location: 48,00 square meters (14,520 square meters) for the total area of 5,00 square meters (14,520 square meters): Forest land;

2. Notwithstanding the site for permission under paragraph (1), where "A" additionally obtains permission to collect earth or stone (such as stone for civil engineering, forest aggregate use, etc.), it shall be the site for permission to collect earth or stone;

Provided, That the permitted change area may be somewhat changed according to the rental business.

Article 3 (Business Site)

1. “B” preferentially consists of two lots of land in Taean-gun G and H, Chungcheongnam-do, Chungcheongnam-do.