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(영문) 서울남부지방법원 2016.03.18 2013가합104913
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The facts below the basic facts are either in dispute between the parties or in combination with the statements in Gap evidence 1-1-8 and Gap evidence 2.

On May 198, 1998, the Plaintiff acquired mining rights for the Eastdong mine located in each real estate listed in the annexed sheet (hereinafter “instant mine”).

B. On November 6, 1998, the defendant completed the registration of the establishment of a mining concession with respect to the plaintiff's mining right and had been performing mining work as a mining concession holder in the mine in this case. However, on November 6, 2004, the above mining concession term expired due to the expiration of the term, the defendant entered into a mining contract with the plaintiff on December 2004 with respect to the mining in this case and continued to perform mining work.

(2) The plaintiff and the defendant have renewed the above mining contract with the same content every year, and the plaintiff and the defendant have concluded and renewed each mining contract with the plaintiff and the defendant as above. In each contract of this case, the plaintiff and the defendant of this case: ① are responsible for, produce and supply the amount of the original mine required by the plaintiff; ② opening and managing access roads to the mine facilities and the workplace; ② opening and digging of the mine for the preparation of mining operations; 3) opening and digging of the mine facilities and the workplace; 4) other works required by the plaintiff to the defendant as they consider necessary for the development of the mine. The plaintiff and the defendant shall secure the work process with the planned mining mining in accordance with the plaintiff's work order within the contracted area; and ③ the mining management business for the mine of this case, labor management business for the representative, employees and employees; and the mining management business for the mine of this case (including the obligation to deposit the mine of this case with the plaintiff); and

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