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(영문) 전주지방법원 군산지원 2018.10.25 2016가합12061
채무부존재확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, a company engaged in the business of collecting earth and rocks from December 2, 2004 to November 2, 2014, obtained permission to collect earth and rocks from Defendant Yasan-si on three lots of forest land and 43,614 square meters from Defendant Yasan-si, and collected earth and rocks from the above forest.

B. On December 1, 2004, the Plaintiff entered into a guarantee insurance contract between the Plaintiff and the Defendant B with a view to depositing the recovery cost for the collection of earth and rocks as the guaranty insurance policy upon obtaining such permission. Around November 1, 2004, the Plaintiff entered into a guarantee insurance contract between the Plaintiff and the Defendant B with the insured as of November 3, 2004, with the insurance amount of KRW 610,424,00, and the insurance period from November 3, 2004 to November 2, 2015.

3) In addition, on October 26, 2015, the Plaintiff entered into a performance guarantee insurance contract with Defendant B, with the insured amount of KRW 305,595,00, and the insurance period from August 17, 2012 to November 2, 2016, in order to deposit the recovery expenses from illegal collection of earth and rocks as the guaranty insurance policy (hereinafter “instant guarantee insurance contract”), and submitted the said guarantee insurance contract at the time of Defendant Isan (hereinafter “each of the instant guarantee insurance contracts”).

(C) C. (1) The Plaintiff submitted to the Defendant an application for approval of the plan for the recovery of earth and rocks on November 3, 2014, when the period for permission for the collection of earth and rocks expires, and on November 3, 2014, the Plaintiff notified the Plaintiff of KRW 3,540,000,000 by June 15, 2015, after examining the application for approval of the plan for recovery of earth and rocks.

2. The Plaintiff from June 16, 2015.

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