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(영문) 광주지방법원 2019.04.18 2018가합56676
조광료 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Determination on the cause of the claim

A. Comprehensively taking account of the overall purport of arguments as to evidence No. 1-1, No. 2, evidence No. 2-1, and evidence No. 2-3, the plaintiff shall set the period for the mining right as set forth in the attached Form No. 1 with the defendant around October 2008 and set the mining concession fee of KRW 10,000 per month, and the mining concession fee of KRW 10,000 per month for three months from the date of the contract shall be exempted, and the mining concession fee shall be paid for the previous month on the first day of the following month, and if delay occurs, the mining concession contract may be acknowledged as to each mining right set forth in the attached Forms No. 2 and 3 on the same day by combining the above two mining rights (hereinafter "No. 2 contract"), and as to each mining right set forth in the attached Forms No. 1 and 1 (hereinafter "each contract of this case") as a whole.

On the other hand, the Plaintiff ceased to exist on November 25, 2009, and the Plaintiff transferred the mining right to the Defendant on March 27, 2013 and completed the registration of transfer on April 5, 2013.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the sum total of KRW 1,661,200,000 as stated in the table below, and delay damages for which the Plaintiff seeks, as calculated on August 1, 201 and the amount for delay calculated on August 1, 2018.

The plaintiff claimed 10,00,000,000, monthly mining concession fee for the total amount of the delayed payment of the unpaid monthly amount x 10,000,000,000 x monthly mining concession fee for the total amount of the delayed payment of the unpaid monthly amount x 2% per month of the agreed delay interest rate x 4425,490,000,000 on March 5, 2013, which is the sum of the delayed payment of the unpaid monthly amount x 490,000,000 in the complaint.

85,000,000 2 Contract 98190,000,000 196,200,000 196,200,000 on October 9, 2009, the aggregate of 580,000,000 1,081,200,000

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