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(영문) 광주고등법원(전주) 2019.11.28 2018나11850

약정금

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a party. 1) The Plaintiff is a limited-liability company D (hereinafter “D”) established on May 19, 199.

(2) The defendant limited liability company C (hereinafter "the defendant company") is a corporation incorporated on April 16, 2005 for the purpose of retail business, etc., and the defendant B is a director of the defendant company and the representative director of the defendant company as of August 1, 2007. The defendant company is a director of the defendant company and the representative director of the defendant company as of August 1, 2007.

B. 1) D From around 1999, the land of the Gunsan City F, H, I, J, and K total five lots of land (hereinafter collectively referred to as “the instant stone collection site”) from the Gunsan City.

A) After obtaining permission from the Quarrying, the permission for collecting earth and rocks was extended on March 15, 2005 to February 28, 2008. The permission for collecting earth and rocks (hereinafter “the permission for collecting earth and rocks in this case”) and the permission for collecting earth and rocks in this case from March 15, 2005 to February 28, 2008.

(2) D Directors decided to transfer D to the Plaintiff on September 16, 2003 at the board of directors meeting on September 16, 2003.

Accordingly, on September 26, 2003, the D representative G prepared a confirmation letter stating that "D transferred to the Plaintiff the right to permit the collection of earth and stone in the instant stone collection site until February 28, 2005, and on December 7, 2005, "the right to permit the collection of stone in the instant stone collection site, the restoration deposit expenses, the guarantee insurance policy, the status of D representative director, and the local area distribution case other than the permission." (No. 16-1).

C. On February 28, 2007, the instant sales contract D and the Defendant Company drafted a sales contract (Evidence A No. 2, hereinafter “instant sales contract”) with the content that KRW 1,700 per cubic meter is the sales price for the instant earth and stone as the sales price.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 11 through 16 (in the case of a certificate with a serial number, including a serial number; hereinafter the same shall apply).