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(영문) 서울고등법원 2018.12.19 2018나2016278
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The Defendants shall jointly and severally serve as the Plaintiff 260,869,910 won and one of them.

Reasons

1. Facts of recognition;

A. On June 6, 2014, the Plaintiff and the Defendants entered into a contract for crushing mining of tin minerals (hereinafter “instant contract”) with the Defendants, and the Defendants and the Plaintiff agreed to enter into a subcontract for mining mining and crushing of minerals by installing facilities for mining mining and mineral scrap and crushing of H tin mines in Nam-si, Namyang-si, the Namyang-si, the Defendants, and the Plaintiff, in order to facilitate mining and crushing of minerals in the mine of H tin mine in the Namyang-si, Namyang-si, the Namyang-si, the Defendants, as follows:

Article 1 The period for digging throughout stone, mineral mining, mining throughout minerals, and for digging out and production of minerals, the period for digging out minerals, digging out minerals, mining throughout minerals and the period for contract for crushing out minerals shall be determined within

The period for digging up minerals, digging up minerals, mining and digging up minerals shall be two years if there is no cause attributable to the plaintiff.

The contract period shall be from June 10, 2014 to June 9, 2016.

Article 3. The plaintiff shall bear the costs of oil, explosives, raw materials, refacing seasons, and rent, etc. required daily in the field, and the decision-making shall be made by the plaintiff.

Article 4 (1) The plaintiff is responsible for producing, arranging at the site and managing necessary matters for the production of mineral scrap.

(2) The Defendants and the Plaintiff have 50% of the profits in consideration of the operating expenses, after the Defendants recognized the products they sold, and deducted the manufacturing expenses and incidental expenses.

제6조 원고의 의무 (1) 생산(광물파쇄생산) 작업 (2) 생산설비 유지관리 일체 (4) 광물 파쇄 생산하는데 필요로 하는 장비관리 등 일체 (8) 원고는 첨부3 H장석광산 파쇄시설(장비)명세서를 F으로부터 명세서 1~19, 조크랴샤 외 18조를 365,000,000원(부가세 별도)에 H장석광산 갱내구내에 설치되어 있는 시설물을 매수인수하기로 한다.

(9) After the acquisition of automotive structure.

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