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(영문) 춘천지방법원원주지원 2019.10.10 2018가합7043
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 300,402,745 to the Defendant (Counterclaim Plaintiff) and its amount from April 4, 2019 to May 31, 2019.

Reasons

1. Basic facts

A. The plaintiff A is a corporation with the purpose of manufacturing aggregate and wholesale and retail business, and the plaintiff B is a corporation with the purpose of crushing, producing, and mountaining and developing aggregate, and the defendants are those who have jointly acquired the mining authorization of the Japanese mining authorization of the Incheon Reinforcement-gun E.

B. On September 1, 2014, Plaintiff A and the Defendants entered into the instant contract for quarrying production consignment (hereinafter “instant contract”) with respect to the construction of the original tin mining and stone production works in the Hoan mine located in the Incheon Strengthening-gun E (hereinafter “instant construction works”), setting the construction period from September 1, 2014 to August 30, 2015 as follows (hereinafter “instant contract”).

Article 2 (Term of Contract)

1. The term of this Convention is extended by up to August 30, 2015 and by one year automatically if no written notice of completion is given by two months before each of Gap (referring to the defendant; hereinafter the same shall apply) and Eul (referring to the plaintiff A; hereinafter the same shall apply).

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

Article 5 (Scope and Quantity of Entrustment)

1. The scope of entrustment shall be a ceiling, blasting, transport, crushing, product shop, etc. within the zone A, and the scope of the contract may be modified at the request of A;

Article 6 (Unit Cost for Production)

1. The measurement of production of products shall be based on the shipment of actual products;

2. The unit price per product 1,500 won/unit price in cubic metres shall be 11,500 won;

3. The unit price for the sale of stone in the product shall be determined separately by consultation.

Article 8 (Operation of Equipment and Facilities) Construction equipment, machinery and ancillary facilities, etc. necessary for quarrying and production shall be procured at the expense of Section B, and the maintenance, repair and repair costs shall be borne by Section B.

Article 11 (Qualitys and Inspections)

1. Eul shall manufacture and deliver products by the payment period designated by Gap;

2.B shall be caused by the defect of the product.

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