1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

1. Basic facts

A. On March 2016, the Plaintiff entered into a contract with the Defendant for the creation of a site for joint resource recovery of livestock excreta (hereinafter “instant project”) in order to gather earth and sand for the Defendant’s project for joint resource recovery of livestock excreta (hereinafter “instant project”) and for the creation of a project site through removal of the land within 68,409 square meters of Chowon-si, Nam-si, Namwon-si (hereinafter “the instant forest”).

The following matters shall be implemented for the purpose project under Article 2 (Contract Terms and Conditions) of the contract for the joint resource recovery site for the livestock industry of the Namwon Livestock Cooperative and excreta:

(2) Any person who has obtained permission for carrying out of the target project and any person who has applied for permission shall be the South Korea Development Bank.

(3) The civil engineering and design costs for the intended project, persons, and permission costs shall be fully borne by the As already manufactured container.

Article 3 (Termination of Contract) The South Korean Won Livestock Cooperative and the Ssung Convers shall terminate the contract at the time of the occurrence of:

(1) Where authorization or permission for carrying out earth and sand for the intended project is not available after the civil engineering design, this contract shall be terminated, and any expenses incurred in advance shall not be charged to the Seongbuk-in cooperation for the expenses incurred.

Article 4 (Compensation for Damages and Compensation) In respect of damages incurred as a breach of this Agreement, compensation and compensation shall be made as follows:

(1) Where any project to remove land or creation of a site fails to be performed as provided for in this Agreement, compensation for damage incurred therefrom shall be made in accordance with the following subparagraphs:

1. Where the second creation has been suspended within the project period after the first creation, the right to remove earth and sand shall be deprived of the right to remove the remaining site and the cost of the remaining site shall be compensated;

2. Where the time limit expires due to a failure to obtain the authorization or permission by May 31, 2015, taxes imposed on the lapse of the time limit pursuant to a trading agreement with the landowner shall be borne by the Ambane container, and all the expenses incurred therefrom shall be borne by the Ambane container;

3. Civil petitions, civil and criminal responsibilities arising from the collection and removal of earth and sand.