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(영문) 제주지방법원 2018.12.13 2017가합12024
손해배상청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 24, 2009, the Plaintiff Company C (hereinafter “C”) on February 24, 2009

(2) On the same day, the Plaintiff purchased to C the above land, authorization, permission, and all facilities from April 1, 2009 to March 30, 2014, and C entered into a contract with the Plaintiff to provide the said land, permission, and all facilities, with the right to use groundwater for E, and the right to use groundwater for E, and KRW 950 million for F, and KRW 8,000.

3) On June 14, 2011, the Plaintiff notified C of the termination of the said contract on the ground of the degradation’s deterioration in the quality of aggregate. (b) On July 2011, the Plaintiff between the Plaintiff and the Defendant, the Plaintiff, who acquired the earth and rocks and aggregate processing contracts between the Plaintiff and the Defendant, agreed to lease the said land, authorization and permission, and all of the facilities during the period from July 15, 201 to January 14, 201, and the Defendant entered into a contract between the Plaintiff and the Defendant for the purchase of aggregate. (c) On the ground that the Plaintiff’s major shareholder changed into G Co., Ltd. (the representative is the same H as the Plaintiff’s representative director; hereinafter “G”); (d) on November 30, 2011, G became together with the Defendant who acquired the earth and rocks, and between the Plaintiff and the Defendant and the Defendant, the Plaintiff’s right to collect earth and rocks and rocks, and (e) on the instant land and the instant aggregate facilities, namely, the right to exploit and the instant land and aggregate.

(5) The term “electric pressure facilities” (hereinafter “the leased object of this case”) is set from January 1, 2012 to December 31, 2021, with the term fixed from January 1, 2012 to December 31, 2021, and the Defendant and J aggregate 25 meters of aggregate in manufacture of ready-mixed, 40 meters of aggregate, and aggregate.

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