조광권설정등록 말소 등 청구
1. The Defendant (Counterclaim Plaintiff) paid KRW 79,397,260 to the Plaintiff (Counterclaim Defendant) and its related amount from January 1, 2017 to November 16, 2017.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On February 201, the Plaintiff concluded a mining concession agreement with the Defendant regarding the mineral subject to the mining right of this case as the owner of the mining right (the extraction right of this case, hereinafter referred to as “mining right of this case”) indicated in the separate sheet as follows.
Article 1 In order to allow the defendant to mine tin minerals which are the object of the mining right of this case, the plaintiff (mining right holder) shall prescribe a mining concession right and the defendant shall acquire such right.
Provided, That the parties shall implement the procedures for registration in the mining ledger with the authorization of the competent authority in accordance with the laws and regulations.
Article 4 The term of mining concessions shall be ten years from the date of registration.
Article 5 The defendant shall pay KRW 5,00,000,000, by no later than the 30th day of each month, for payment or remittance to a bank at the place of business at the mining site.
When the registration of mining concessions has been completed, the defendant shall commence business without delay.
Article 10 The defendant shall deliver a deposit of KRW 50,00,000 to the plaintiff in order to secure obligations under this contract, and shall receive it from the plaintiff.
The above deposit shall be refunded to the defendant at the expiration of the period of interest or the termination of the mining concession.
Provided, That if the payment of mining fees or the damages payable by the defendant is payable, only the balance shall be refunded by deducting it.
B. On March 10, 201, the Plaintiff registered the establishment of a mining concession right for the instant mining right to the Defendant under the said contract.
C. On October 28, 2014, the Plaintiff and the Defendant entered into a mining concession modification agreement (hereinafter “revision agreement”) with the following content:
(hereinafter referred to as the “instant mining concession agreement” in addition to a modified contract and the above mining concession contract. Article 2
1. The plaintiff must actively cooperate with the defendant so that the defendant can obtain various authorizations on the main business.