(영문) 서울중앙지방법원 2015.12.11 2014가단211617

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(영문) 서울중앙지방법원 2015.12.11 2014가단211617

보증금반환

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1. The Defendant’s KRW 78,887,098 for the Plaintiff and its related KRW 6% per annum from May 21, 2014 to October 23, 2014.

Reasons

1. Basic facts

A. On November 14, 2003, the Plaintiff concluded a mining concession contract with the Defendant, who is a mining right holder, as follows (hereinafter “instant mining contract”). As to the mining area (hereinafter “instant mining area”), the Plaintiff entered into a mining concession contract with the following terms and conditions (hereinafter “instant contract”).

Article 2 (Term of Establishment of Mining Concessions) The term of the establishment of mining concessions shall be ten years from November 14, 2003 to November 13, 2013.

Article 3 (Lighting Fees) (1) The plaintiff shall pay the 25,000,000 won per month for the first two years, and thereafter the 35,000,000 won per month for the first two years to the defendant by the 25th day of the following month.

(Value-added Tax). (1) In entering into this contract, the Plaintiff shall deposit KRW 100,000,000 to the Defendant as security for the performance of this contract.

② Upon expiration or cancellation of the contract period, the Defendant shall refund the principal contract deposit to the Plaintiff as unpaid interest.

Provided, That the payment shall be made after deducting the amount receivable, industrial accident, and other obligations due to which the plaintiff is liable to pay to the defendant, and the shortage shall be appropriated immediately by the plaintiff.

B. Around April 30, 2005, the Plaintiff paid KRW 100,000,000 to the Defendant under the instant contract.

C. The Plaintiff and the Defendant agreed on the extension of the contract term at the time of the expiration of the contract term of this case, but did not reach an agreement.

On December 4, 2013 and December 19, 2013, the Defendant requested the Plaintiff to complete the restoration obligation to the mining area of the instant case, such as waste stone and waste transfer. On May 20, 2014, the Plaintiff completed the removal work of waste stone and delivered the instant mining area to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Gap evidence 4-1, 2, Gap evidence 6, Gap evidence 9-1 through 4, the purport of whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the contract term of this case is the contract term.

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