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(영문) 창원지방법원 밀양지원 2018.05.04 2017가합154
손해배상(기)
Text

The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of collecting and selling underwater aggregates, land aggregates, dredging business, etc., and the Defendant is a technical administrative officer of Gangnam-gu Seoul Metropolitan Government C Building and E office in 11th floor D.

B. While the Plaintiff reviewed a plan to implement dredging projects in the Flater in order to maintain fishing grounds near Busan Gangseo-gu fishing village fraternity, on October 28, 2016, the Plaintiff entered into a service contract with the purport of entrusting the Defendant with the authorization and permission related to the said project (hereinafter “instant contract”) and paid the Defendant the down payment of KRW 45,000,000 on November 2, 2016.

The main contents of the instant contract are as follows.

The plaintiff (hereinafter referred to as the "trustee") and the E Office (hereinafter referred to as the "trustee") shall conclude a contract with the following contents in relation to the authorization and permission of the "Projects for the Restoration of Ecosystems and Sea Environments for the Maintenance of Fishing Ground":

Article 1. The purpose of this Agreement is to determine all necessary matters in order for a trustee established under the Administrative Justice Act to perform the duties of authorization and permission of "the ecosystem and the marine environment restoration project for the maintenance of fishing grounds" as a truster's representative.

Article 2. The truster shall entrust the trustee with the following affairs (hereinafter referred to as "entrusted affairs"), and the trustee shall conduct the entrusted affairs pursuant to this contract from the date of conclusion of this contract:

1. Permission to occupy public waters;

2. Permission to use public waters;

3. Article 3 of the Cultural Heritage Alteration Permission Act (1) The truster shall provide information based on facts when the trustee performs the duties provided for in Article 2, and actively cooperate in all document work to be submitted free of charge by the truster within the scope of the truster;

(2) A trustee shall perform the duties entrusted under Article 2 with due care as a good manager, and comply with the relevant Acts and subordinate statutes and the provisions of this Agreement.

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