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(영문) 대전지방법원홍성지원 2017.06.27 2016가단12618
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established for the purpose of civil engineering, aggregate production and sale, etc., and the Defendant is a juristic person established by the Korea Rural Community Corporation and Farmland Management Fund to contribute to the promotion of agricultural productivity, the economy and social development of agricultural and fishing villages, and the manager of the site for aggregate removal, which is agricultural infrastructure

B. On December 10, 2010, the Plaintiff entered into a contract with the Defendant for dredging districts between December 10, 2010 to December 31, 2025 (from December 10, 2011, until November 20, 201), the dredging area of 16,598,00 square meters, the contract quantity of which is 21,167,000 cubic meters in total (372,000 cubic meters in gold time), the contract amount of which is 30,162,975,00 won (hereinafter referred to as “the instant contract for dredging districts”).

(‘A’ means the Defendant, “B” means the Plaintiff). Article 1 (Obligation of Construction) of the Contract for Dredging Project (Obligation of Construction) 1 of the Contract shall be taken out out out of the Talve by classifying dredging objects, such as aggregate, residues, etc. which have been dredged in the Talve from the cost of B.

(2) Eul shall faithfully implement the contents of the project implementation plan, the preliminary examination of environmental feasibility, design documents, specifications, etc., which are the documents attached to this contract.

Article 3 (Contract Period and Adjustment) (1) The total contract period shall be 15 years from December 10, 201 to December 31, 2025, and the term of the gold-time contract shall be November 20, 201, and thereafter a renewed contract shall be concluded on an annual basis.

Article 8 (Bearing of Expenses Incurred in Dredging Project) (1) The cost of this dredging Project shall be borne by ‘all the expenses incurred in this Agreement, such as the construction of routes of carrying out of the dredging Project, the consent and compensation of interested parties, compensation for damages and losses, public charges, etc.'

Article 9 (Opening of Dredging and Dredging) (4) B shall in advance take out plans according to the kinds of dredgings.

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