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(영문) 서울남부지방법원 2013.11.14 2013가합6705
유익비상환
Text

1. The Defendant’s KRW 147,310,00 for the Plaintiff and KRW 5% per annum from March 1, 2010 to November 14, 2013.

Reasons

1. Basic facts

A. 1) The Plaintiff from April 1993 to the same Dong-dong mine located in Gangseo-gu, Seoul Special Metropolitan City (hereinafter “instant mine”).

(2) On August 6, 1998, the Plaintiff entered into a mining concession agreement with the Defendant on May 11, 1998, and continued mining operations as a mining concession holder in the instant mine after the establishment of a mining concession was registered on November 6, 1998. The mining concession term of November 6, 2004 was expired.

3) Accordingly, the Defendant demanded that the contract be entered into in the form of mining work contract, and the Plaintiff entered into a mining contract with the Defendant on December 2004 and renewed each year on February 23, 2012, and finally renewed the contract (hereinafter referred to as “the contract, in total, renewed as above,” is called the contract of this case.

The main contents are as follows. The purpose of this Agreement is to determine the rights and obligations between the parties to supply the original tin, which the Plaintiff requires in the Defendant’s mine, by using the Plaintiff’s personnel and equipment. The term of the contract under Article 2(1) is from March 1, 2012 to February 28, 2013 (one year).

Article 8 (Development and Cost-Bearing) The plaintiff shall perform the following development works, etc. in order to conduct mining works:

2) The costs for mining operations are borne by the Plaintiff to cover the costs for the construction of a pit for the preparation of mining operations and the distribution of water to ensure the safety in the pit 3) and other costs for the mining operations required by the Defendant as deemed necessary for the development of the mine and required by the Plaintiff. In addition, the costs for acquiring facilities, land, etc. necessary for the maintenance of the mine shall be borne by the Defendant.

Article 10 (Labor Management and Labor Management Liability) 1 Plaintiff.

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