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(영문) 서울중앙지방법원 2015.05.20 2013가합564083
채무부존재확인 및 손해배상(기)
Text

1. The part concerning the claim for damages in the lawsuit of this case shall be dismissed.

2. The agreement between the Plaintiff and the Defendant on January 27, 2010.

Reasons

1. Basic facts

A. The Plaintiff is an incorporated association established with members of the wounded in the April 19 Revolution pursuant to the Act on the Establishment of Organizations, including Persons of Distinguished Services to the State. The Defendant is a company established for the purpose of gathering earth, sand, and distribution

B. The Plaintiff may directly engage in profit-making business with the approval of the Minister of Patriots and Veterans Affairs pursuant to Article 7-2(1) and (2) of the above Act. The Defendant, around October 29, 2009, proposed a new development of stone collection sites in the B B zone in the Jeonbuk-gun, Jeonbuk-gun, and proposed a new development of stone collection sites to sell them to the C development site located near the above stone collection site (hereinafter “instant project”).

Article 3 (Implementation of Projects) The progress of the Project shall be as follows:

1. “A” shall obtain approval from the Ministry of Patriots and Veterans for a profit-making project relating to the project, secure investment authority and earth and rocks from the Korea Forest Service, and “B” shall constitute land price or soil and stones purchase price.

2. “A” shall obtain authorization and permission for quarrying and borrow, and “B” shall endeavor to do so for the Project.

3. “A” shall secure a place to be supplied to the reclaimed land C and the “B” shall be determined and supplied at the upper end.

4. “B” means land prices and all funds necessary for the Corporation.

Article 5 (Sharing of Duties and Apportionment of Duties) The roles and Apportionments of Duties of "A" and "B" shall be as follows:

(1) “A” shall actively support the following affairs and may be conducted in the name of “A”.

- Completion of approval of profit-making projects in relation to this project from the Ministry of Patriots and Veterans Affairs - Securing land authority and earth and stones authority from the Korea Forest Service - completion of authorization and permission of quarrying and earth and sand - -buan- the Ministry of Land, Transport and Maritime Affairs, the Korea Rural Community & Agricultural Corporation - Other necessary administrative support, etc.

-contribut an organization exclusively in charge of the project as the manager of the project.

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