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(영문) 수원지방법원안양지원 2016.06.16 2015가합103345
약정금 등 지급청구의 소
Text

1. The Defendant’s KRW 145,446,131 among the Plaintiff and KRW 60,000 among the Plaintiff, shall be KRW 71,60,000 from December 19, 2014, KRW 71,606,131.

Reasons

1. Basic facts

A. The Plaintiff, as the party, owns the land of 1,650 square meters and D 790 square meters in Sungsung-si, and the Defendant is a stock company with the purpose of manufacturing and selling petrochemicals, exporting and importing petrochemicals, and the business incidental thereto, and owns the land of 3,258 square meters adjacent to the aforementioned D 790 square meters (hereinafter referred to as “instant factory”) and its ground factory building (hereinafter referred to as “instant factory”). The Plaintiff is producing petrochemicals, etc. in the above factory.

B. 1) The Defendant decided to extend the factory of 425.58 square meters in size on the same land when he owned a single-story factory, non-Dong factory, 2-dong factory, c short-rise factory, and affiliated building on the ground of YYE on the following grounds: on August 27, 2009, the Defendant obtained permission for extension from Hysung City on September 22, 2009, and completed the extension work on September 22, 2010. 2) On September 2, 2009, the Plaintiff requested the Defendant to pay the Defendant the daily wastewater and sewage generated from the factory of this case in relation to the factory extension for a period of 5 years from September 2009 to reduce guest soil on the contaminated D, and filed a lawsuit against the employees related to the environmental construction and civil petition.

3) In the course of negotiations with the Defendant, the Plaintiff prepared and sealed the name and seal affixed by the Defendant, and signed and sealed by the Plaintiff on January 4, 2010 (Evidence A No. 4, hereinafter “instant agreement”) as follows.

There have been custody until now.

The plaintiff and the defendant specialized in the written agreement agree to the matters agreed between the parties regarding the factory extension as follows and agree to implement the following matters:

1. It is appropriate until February 28, 2010 to prevent the flow of wastewater pipelines emitted from the defendant's factory or office building into the arable land owned by the plaintiff.

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