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(영문) 대구고등법원 2019.11.21 2018나25657
약정금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Special conditions of a contract for the production, replacement, and processing of aggregate based on the facts;

1. On-site name of the production site: The name of the type of work at the construction site at the construction site at the time of the plaintiff's old-undong site: Aggregate production and sale period: The location at the site from July 2014 to June 2018: Gumi;

2. In general, matters to be supported by the Plaintiff are ① Lease of the site and Site Creation (excluding basic civil works, etc. at the time of construction of machinery). (2) Aggregate production and all other matters to be authorized (such as permission for piling up aggregate, reporting on crushing out aggregate, reporting on dust scattering, reporting on emission of wastewater, reporting on noise and vibration, etc.) shall be subject to administrative treatment by the Plaintiff. (3) Environmental management Plaintiff shall install soundproof and dust-proof walls to prevent dust and noise and vibration, and shall install automatic strings at the static door, and operate one strings regularly at the static door. (4) Power transformation facilities C/P site installation shall be installed by the Plaintiff at the capacity suitable for production, and the expenses shall be borne by the Defendant. (5) The Defendant shall pay to the Plaintiff the rent for tin-processing and installation of aggregate at the time of carrying out tin-by-production and installation of aggregate to C/P distribution team, and the Defendant shall pay to the tin-by-production and installation of aggregate at the front and outside of tin-site.

3. Environment management of 3 production management.

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