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(영문) 대전고등법원(청주) 2016.04.26 2015나10807
작업대금 등
Text

1. Of the judgment of the court of first instance, the part concerning the principal lawsuit shall be modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The defendant is a juristic person established for the purpose of the tiny processing and sales business.

On April 24, 2013, the Plaintiff entered into a contract on tin mining operations (hereinafter “instant contract”) between the Defendant and the Young-gun mine located in the Young-gun of the Gangwon-gun of the Management of the Defendant (hereinafter “instant mine”). The main contents of the contract are as follows:

(hereinafter “A” means the Defendant, “B”, and “B” means the Plaintiff). Article 2 (1) of “A” in the mining area of “A” (Article 2 (Scope of Contract) provides that “B” shall be deemed to have agreed on the extension of the contract and shall be automatically extended one year if A or B does not express any separate declaration of intention one month prior to the expiration of the contract term, and one month prior to the expiration of the contract term shall be deemed to have agreed on the extension of the contract.

Article 4 (Unit of Contract) (1) As of the end of each month, Party A’s tallyton shall be the tallyton of Party A, and 5,000/metric tons shall be applied to 20,00 tons and 20,00 tons shall be adjusted later.

3) The waste rocks digging floor for prospecting, ventilation, and transport shall be present at the end of each month and inspected at the end of each month, and calculated by 50,000 won/m, and shall be added up to the flag altitude. However, even during the contract period, the contract price may be adjusted under the agreement between A and B, depending on the circumstances. 4) The cost of removal from the pits at the time of digging the waste rocks shall be borne by A.

Article 5 (Payment of Price) The payment shall be the amount calculated by multiplying the production quantity or the result of digging through the last day of each month by the contract unit price, and the payment shall be the 20th day of the following month. (2) When the payment is made, A shall pay the balance after deducting expenses for explosives, oil and other expenses under the Convention and deducting the expenses under

3. At the time of payment, Gap may give Eul instructions necessary for the payment of wages, and Eul may do so.

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