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(영문) 광주지방법원 2017.10.19 2015가합2937
손해배상 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The location of a mining area under Article 1 (Indication of Mining Rights): The area of the mining area under Article 1 (1) (2) shall be paid 250,000,000 won to the defendant C as contract performance guarantee immediately after concluding a contract.

Provided, That the contract performance bond shall be settled first from the mining fees to be paid to the defendant C after collecting ordinarys.

Article 3 (Mining Concession Fees) Defendant C shall pay 2,000 won per cubic meter in cubic metres to the Plaintiff, along with the mining concession fees collected from ordinary yarns.

Article 4 (Settlement Date of Lighting Fees) Defendant C shall pay lighting fees in cash to the Plaintiff by no later than the 15th day of the following month for the last day of each month and the settled sales volume.

around October 28, 2010, Defendant C Co., Ltd. (hereinafter “Defendant C”), a mining right holder, entered into a contract with the Plaintiff (representative D) under which Defendant C contracted to the Plaintiff for mining of the F mine located in Hannam-gun E (hereinafter “F mine”) (hereinafter “instant mining contract”). The main contents are as follows.

1. Construction name: The F Mining Corporation;

3. Location of a mining area marked as mining rights: 70 hectares in area, in the case of a registration number of branch line G in Pyeongtaek-gun:

6. Contract performance guarantee: 200,000,000 won.

5. J shall make every effort to take full advantage of the terms and conditions of the contract with Defendant C and I and to implement in consultation with I.

Article 8 (Obligation of I)

1. Article 14 (Extension, etc. of Term of Contract) of the terms and conditions of the Agreement between I and the defendant C shall be dealt with by the J in consultation with the defendant C in order to facilitate the extraction of minerals in the F mine and shall not extend the term of the contract nor suspend the extraction of minerals;

B. Meanwhile, around November 21, 201, I Co., Ltd. (hereinafter “I”) and J (K’s representative director) entered into a contract with J on the condition that I will contract the mining of the F mine to J, and the main text is that I will do so.

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