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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The relationship between the parties 1) The non-party limited liability company C (hereinafter “C”)
) The earth and stone (hereinafter collectively referred to as “soil and stone”) used in covering works in order to protect the area from which the rocks used as the basis of the covering port structure are exposed, in order to protect the area where the rocks used as the basis of the covering port structure are exposed by inserting the inside of maritime structures, such as the embankment, breakwater, radioactive materials, and inner walls, or the airspace in the foundation, or to maintain the stability of the structure.
) A company established for the purpose of wholesale and retailing, etc., and the non-party corporation D (hereinafter “D”) and the combination of C and D is “non-party corporation”.
A) A company is established for the purpose of collecting and selling soil and stones, and the defendant is the father of E, who is the representative director of C and D. 2) A around April 2014, the representative director of C acquired D who was permitted to collect and sell earth and stones in order to conduct the business of collecting and selling earth and stones (hereinafter “instant business”). At the time, the defendant performed the business of acquiring earth and stones on behalf of E and the plaintiff who actually operated D was also engaged in the business of collecting and selling earth and stones.
B. A contract between the non-party company and the plaintiff 1) The non-party company commenced the collection of earth and stones by leasing the instant stone on or around April 2014 and starting the collection of stone, and in order to prevent community residents’ civil petitions (hereinafter “the instant contract”).
AB concluded the agreement.
① In order to prevent community residents from filing a civil petition in the course of collecting and selling soil and rocks, to enable the non-party companies to use a G wharf in the Gangnam-do, Chungcheongnam-do, and to eliminate dust generated by soil and rocks transport trucks, the Plaintiff shall operate a sprink owned by the Plaintiff from time to time.
The non-party companies shall pay 2,000,000 won per month to the Plaintiff with the operating fee of a sprinkable vehicle.
(2) D shall be a motor vehicle leased in the previous name and used by the plaintiff.