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(영문) 대전지방법원 2020.09.10 2018나115946
구상금
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

Of the total litigation costs, the plaintiff and the defendant have arisen.

Reasons

1. Basic facts

A. The Plaintiff’s Intervenor is a company engaged in the business of collecting and crushinging non-metallic minerals, and the Plaintiff’s Intervenor is a company engaged in the business of collecting and crushinging non-metallic minerals on December 22, 2014 (hereinafter “instant site”).

(2) According to the earth’s statement attached to the above permission, the instant site consisting of 37,882 square meters (i.e., 12,849 square meters (i., 25,03 square meters) on the ground that the instant land is composed of 37,882 square meters (i.e., 12,849 square meters). The amount of ordinary sand collected is 17,523 square meters applying 70% of the 25,03 square meters of ordinary sand, and the remaining waste soil 7,510 (25,03 square meters - 17,523 square meters) and 12,849 square meters of land, other than the amount of ordinary sand collected, to be re-written after completion of the extraction.

3) On February 23, 2015, the Plaintiff’s Intervenor entrusted the Defendant with the production and sale of minerals, such as the restoration of the site of this case to the original state of “the production, business, extraction, and land (inland)” but the period from February 26, 2015 to June 30, 2015, the Plaintiff’s Intervenor entered into a contract (hereinafter “instant consignment contract”) with the effect that the Plaintiff’s agent selected, produced, and restored to the original state of the damaged land of sand and sand (hereinafter “instant consignment contract”).

The main contents of the contract are as follows. The plaintiff supplementary intervenor (the truster) who is the mining right holder of the contract for mineral (L/L) production and restoration to the original state refers to the plaintiff supplementary intervenor (the truster) "A".

(ii)the Defendant (the Trustee is referred to as “B”) who is a selective production and restoration business entity;

The purpose of Article 1 - The term "A" is to entrust "B" with mineral production and sale business, such as the production by sorting out sand/final sand, business, and the restoration to the original state of the seven lots of land in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, D, etc. (E cadastral F). Article 2 / [Matters of contract] ① The term of the consignment production and restoration to the original state shall be between ① the term of the entrustment production and restoration to the original state from February 26, 2015 to June 30, 2015.

However, when mutual agreement is reached one month prior to the expiration of the contract, the second.

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