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(영문) 춘천지방법원 영월지원 2018.01.25 2017가합164
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 28, 2016, the Defendant and B (hereinafter “B”), and macrodo Mining Co., Ltd. (hereinafter “Do”) drafted a written agreement with the following content:

(1) The representative director C of the plaintiff participated in the preparation of the above agreement on behalf of the representative director C of the plaintiff, which was written in the above agreement as "sureties", and hereinafter referred to as "the agreement of this case"). Article 1 (Performance Terms).

2. Godo and B do not raise any objection to specify the mining right (only with the registration number E, F, G, H, I, J, and hereinafter referred to as the “mining right of this case”) within the six mining areas of the D mine and to transfer the said six mining areas to the defendant and fully cooperate.

The Do and the defendant jointly register the mining right of this case and the defendant has two mining rights (H and J), and the remaining four mining rights (E, F, G, and I) are owned by the Do, and the defendant cannot exercise his property rights.

3. The transfer registration of a new application for mining right (K) by the defendant shall be made.

(hereinafter “K New Mining Rights”) . 5. B’s agent, the Plaintiff’s representative director C, simultaneously with the seal of this Agreement, shall transfer the instant mining right registered in the name of B to the Defendant.

6. The Si/Do and the defendant shall transfer the mining right of this case and the new mining right of K to the plaintiff and the macro-do joint names, and shall not raise any objection thereto.

7. The defendant shall produce and sell iron ore within six months at the same time as the primary permission.

(hereinafter referred to as “production and sale obligation.” In the event of violation of this provision, this agreement shall be null and void, and immediately transfer the mining right of this case and the new K mining right of this case under the name of the plaintiff and the defendant under the name of the plaintiff.

(hereinafter “Obligation to register the transfer”). When the transfer of the instant mining right and the K new mining right is not implemented within one month, cash shall be paid.

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