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(영문) 수원지방법원평택지원 2019.01.08 2017가단9546
토지명도 등
Text

1. The Defendants shall deliver to the Plaintiff each land listed in the separate sheet 1, and each machinery listed in the separate sheet 2.

Reasons

1. Facts of recognition;

A. On November 29, 2016, the Plaintiff entered into a contract for aggregate production with Defendant B, Co., Ltd., Ltd., with a view to creating a warehouse site on each of the lands listed in Ansan-si, E, and the separate sheet, under which the contract period is 24 months from the date of the contract, and Defendant B, with the permission of the relevant agency, produced and sold by-products generated from the above working place, and the Plaintiff paid the original tin (40m, gravel 25m, gravel 13m, mixtures 800m, sand, and clothes per cubic meter) to the Plaintiff.

B. In concluding the above contract, the Plaintiff and the Defendant Company B agreed that the Plaintiff may terminate the contract when the payment of the aggregate amount of work and aggregate sales would be delayed for not less than two months by submitting daily reports on the current status of work and aggregate sales to the Plaintiff, each business partner’s seat and aggregate sales at the site of each business partner, which are produced and sold, shall be deposited into the joint account designated by the Plaintiff and the Defendant Company B. The Plaintiff may terminate the contract.

C. On March 29, 2017, the Plaintiff entered into a contract for aggregate production with the Defendants on the same terms and conditions as the Defendants entered into with Defendant B. D.

In order to produce aggregate, the Defendants installed and operated each machinery listed in the separate sheet on the ground of each land listed in the separate sheet, and the production of aggregate was delayed due to the financial shortage of the Defendants, and the production of aggregate was suspended on August 2017.

마. 피고 D은 2017. 8. 8. 원고에게, 골재생산을 위하여 250,000,000원 상당의 크랴샤를 구입하였고 기계임대료 지급 등으로 합계 621,608,000원을 지출하였으며, 현재 미지급분이 209,953,834원이며, 향후 필요한 자금이 165,500,000원이어서 정상적인 골재생산을 위하여 370,000,000원이 필요하다고 하였고, 이에 원고와 피고들은 2017. 8. 21. 원고가 피고들에게 400,000,000원을 지원하고, 위...

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