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(영문) 청주지방법원제천지원 2019.05.29 2018가단899
손해배상(기) 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Defendant C (hereinafter “Defendant C”) is a company that has undertaken installation works for solar power infrastructure in Jeju-si E Forest (hereinafter “F plane in Jeju-si”) from around 2015 to around 2018, and Defendant D is the actual operator of the said company and the owner of forest land E, including the instant part (a).

The plaintiffs are marriedly owners of land adjacent to the above E forest land.

B. On May 3, 2016, the Plaintiffs and the Defendants drafted a letter of commitment implementation as follows (hereinafter “instant letter”).

1. The plaintiffs are referred to as "A" and the defendants are referred to as "B".

2. A, in the construction of solar power plants in which E is proceeding, was moving (high voltage line & 3 merchant line construction).

3. Section B of this case shall be transferred without compensation after construction work.

4. Cooperation portion: Outline shall interfere with the projects, such as the treatment of civil petitions by neighboring land owners and the treatment of NA civil petitions in operating solar power generation projects.

It promises to actively provide support for the matters that are litigation.

5. Communication Part: A, in the establishment and management of a security section (emergency level), will be set up and operated at approximately 60% lines after estimation from other companies.

6. Management portion: After the commencement of solar power plant business, the maintenance and repair of solar power plants shall be entrusted to the plaintiffs;

(C)Inform angle control, ramping, snow cleaning, miscellaneous removal, maintenance and repair, etc.)

7. Other: B promises to pay Gap KRW 1,00,000 each month to the Plaintiff B head of the Tong at the 15th day of each month (from May 15, 2016) from the time the installation of solar power infrastructure is completed.

And Eul promises to pay Gap the amount of KRW 3,600,000 used for the cost of improving the waterway after completion of construction.

C. On May 3, 2016, the Plaintiffs agreed to Defendant C’s consent not to file a civil petition in the process of carrying out the construction of solar power plants to Plaintiff C.

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