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(영문) 인천지방법원 2018.07.06 2016가합57884
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a juristic person established for the purpose of manufacturing aggregate and manufacturing, wholesale, and retail business. 2) The Intervenor joining the Defendant is a co-representative of F, which obtained the authorization of mining of one unit of Incheon reinforced Military E (b) but was changed later, although the trade name at the time of entering into a contract for the production of mining stones as described in paragraph (b) below, and was changed later; hereinafter referred to as “F” regardless of whether it was before or after the mutual change.

B. On September 1, 2014, the Defendant indicated as “F” as follows: (i) the Defendant’s Intervenor’s Intervenor (“Defendant”) indicated as “F” as indicated in the evidence No. 3 (Consultation on Entrustment of Quarrying Production).

] From September 1, 2014 to August 30, 2015, a contract was made for construction period for the extraction of first blasting stones and building stones production works of Incheon Strengthening Group E (hereinafter referred to as “instant contract”).

The purpose of Article 1(Purpose) is to promote mutual interests as much as possible by clarifying rights and obligations between the Defendant, when producing and paying the amount of the production of the stone and stone at a place designated by F in the permission area for mining authorization of F located in Incheon reinforced Military E E in the Republic of Korea. Article 2 (Contract Period)

1. The term of this Convention is extended by up to August 30, 2015 and by one year automatically if no written notice of termination is given by two months before the F and the defendant respectively.

2.If the F is unable to sell the site of construction to a third party or to maintain this contract due to the circumstances of F, this Convention shall be terminated by giving written notice at least one month prior to the end of the agreement.

Article 5 (Scope and Quantity of Entrustment)

1. The scope of consignment shall be a ceiling, blasting, transport, crushing, product shop, etc. within the F, and the scope of consignment may, at the request of F, be modified.

Article 6 (Unit Cost for Production)

1. Products.

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