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(영문) 대전지방법원 2014.02.12 2013가합100426
손해배상(기)
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. Facts of recognition;

A. The Plaintiff is a company operating the aggregate extraction business, etc., and the Defendant B Co., Ltd. (hereinafter “Defendant B”) is the mining right holder of each of the mining rights listed in the separate sheet on mineral minerals on the ground of the two parcels (hereinafter “instant mine”).

B. Defendant C and Defendant B’s by-products disposal contract 1) Defendant B are the Korea Resources Development Co., Ltd. (hereinafter “Korea Resources Development”).

(2) On November 9, 201, Defendant C and Defendant B agreed to establish a mining concession right as to each of the instant mining rights at the time of entering into a contract on the disposal of by-products and strip mining deposited in the instant mine (hereinafter “the instant by-products disposal contract”) and affixed seals on the instant mining as the financial guarantee of Defendant C in the instant by-products disposal contract, in which the Korea Resources Development had been in arrears due to the delayed payment of mining fees. The instant mine was later governed by-products.

Article 1(Purpose)(B) The purpose of “A” is to provide “B (Defendant C)” with mining concessions and land occupancy rights to “B (Defendant C)” for the location of the object indicated above, and to enter into an agreement with “B” with respect to the matters for which “B” shall have the rights and obligations with respect to the disposal of by-products and strip mining deposited in the workplace concerned.

Article 2 (Treatment of Unclaimed By-products) (1) The disposal of by-products stored in the workplace shall be treated as the responsibility of “B” and all by-products shall be treated as a legitimate method.

(2) The term "A" is to legally treat by-products simultaneously with this Agreement.

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