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(영문) 광주지방법원해남지원 2017.11.15 2017가합3059
석탄재 반입 취소결정 무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 6, 2014, Growa Co., Ltd. and Young-gu Co., Ltd. (hereinafter “Plaintiff Young-do”) concluded a contract with the Defendant on the construction of the hinterland of the Jeonnam-gun, Jindo-gun, the Defendant ordered to do so (hereinafter “instant contract”).

(51% of the shares of Liweg Corporation, 49% of the shares of Plaintiff Youngbu Corporation). (b)

On February 24, 2016, Growa Construction Co., Ltd. transferred the share of the instant contract to Plaintiff White Construction Co., Ltd. (hereinafter “Plaintiff White Construction”). Accordingly, Plaintiff White Construction became the representative contractor of the instant contract.

(hereinafter referred to as “Plaintiff White Construction” for convenience in the construction of Lrowa Corporation or Plaintiff White Construction regardless of whether before or after the acquisition of shares in the Plaintiff White Construction.

At the time of the instant contract, the Plaintiffs and the Defendant agreed to use earth and sand as earth and sand for the construction of the hinterland of the Jindo Port at the time of the instant contract, but thereafter, as the securing of earth and sand in the actual process of construction, concluded a contract on September 1, 2016 with the Plaintiffs and the Defendant to change earth and sand from earth and sand to coal materials at the request of the Plaintiffs.

Accordingly, the plaintiffs secured coal materials by concluding a subcontract agreement on the development of the Jindo-gun and the introduction of coal materials, and prepared to bring them into the construction site of this case. At around October 2016, the plaintiffs filed a civil petition against the residents' groups in Jindo-gun to use earth and sand, not coal materials, for the creation of the hinterland of the Jindo-gun.

E. Around November 2016, the Defendant had the Plaintiffs return to a vessel which they had loaded coal materials and sought to enter into the Jindo Port, and on December 5, 2016, the instant construction work.

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