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(영문) 청주지방법원충주지원 2014.09.18 2012가합648
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. ① A Co., Ltd. (hereinafter “A”) obtained quarrying permission from the head of the voice Gun on June 28, 2002 as shown in paragraph (1) of the attached Table 1, and ② A and Cho River Industry Co., Ltd. (hereinafter “K”) obtained quarrying permission as described in paragraph (2) of the same Table around October 2002, and ③ obtained quarrying permission as described in paragraph (3) of the same Table around April 2005.

B. On May 12, 2005, the Plaintiff entered into a contract with the representative director B of the Cho River industry, A, and A to acquire 3,705,625,250 won, such as the right to collect stone and the crackers necessary for quarrying from the tidal steel industry, etc.

(hereinafter “instant acquisition contract”). Important matters of the instant acquisition contract are as follows.

Article 5 (Subject Matter and Scope of Subject Matter of Transfer) The subject matter of the asset acquisition stipulated in this Agreement shall include all of the physical facilities listed in the annexed Table 2 and all of the incidental facilities, such as the right to permission, listed in the annexed Table 2 (hereinafter referred to as " omitted"), and Article 6 (Evaluation and Determination of Transfer Price) (1) The transfer proceeds of all physical facilities listed in the annexed Table 2 and the right to permission shall be 3

Article 8 (Conditions Precedent to Performance of Contracts) (1) The remaining extended quantity for the existing permitted quantity of 183,000 cubic meters of the tidal steel industry (attached Form 1 List 2) and the permitted quantity of A 926,000 cubic meters (attached Table 1 List 1 List 1 List 1 List 1 List 1 List 1 List 2) shall be transferred.

(B) In principle, (a) a new permit to collect 43,255 square meters (hereinafter “new permit to collect stone”) and 69,000 square meters (hereinafter “new permit to collect stone in the instant case”) for the purpose of continuing the extraction of aggregate shall be subject to the responsibility and acquisition by the Cho River industry and B before the completion of the Plaintiff’s acquisition, and (b) a new permit to collect 43,255 square meters (hereinafter “new permit to collect stone in the instant case”) shall be transferred to the Plaintiff after the completion of the permit.

provided, however, that it is conducted to acquire the second new permission.

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