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(영문) 광주지방법원순천지원 2017.08.08 2016가단78766
손해배상(기)
Text

1. The Defendant Sejong Development Co., Ltd.: (a) KRW 62,094,184 and its amount from April 28, 2016 to May 2, 2017.

Reasons

1. Basic facts

A. Circumstances relating to the aggregate extraction place of this case 1) Non-party 1 corporation Seojin Co., Ltd. (hereinafter “Seojin”).

The aggregate extraction site (hereinafter “the aggregate extraction site in this case”) located on six parcels of land, such as Gwangju-si B, C, D, E, F, and G from around 2008.

2) As to the claim of the Plaintiff, the Plaintiff: (a) obtained land ownership or right to use; (b) collected aggregate with the relevant permission to collect earth and stones; (c) collected aggregate on or around May 2014; and (d) collected creditors, such as H, etc., around that time.

2) On May 8, 2014, Jinjin drafted an agreement with the claim group to allow the production of aggregate in the instant aggregate extraction site, to provide the claim group with the right to use explosives necessary for the production of aggregate, and to ensure that the claim group pays 25 million won per month for the production of aggregate and guarantees 600 won per aggregate produced for the development of new technology, and 3. The claim group is entirely responsible for the production, management, and sale of aggregate, and the claim group fully bears the burden of the production cost of aggregate.

3) On May 23, 2014, Defendant A Co., Ltd. (hereinafter “Defendant A”) for the purpose of producing aggregate.

) A new establishment was made by Defendant A, on July 1, 2014, and Defendant A, on July 1, 2014 (hereinafter “Defendant Sejong Development”).

Between the departments, Defendant A prepared a written contract and supply of goods with the content that Defendant A would pre-paid the production cost from Defendant Sejong Development and that the generated aggregate ownership will vest in Defendant Sejong Development.

Accordingly, from July 2014 to October 2010 of the same year, Defendant A paid KRW 808,986,513 to Defendant A with respect to the production of aggregate. Defendant A produced aggregate at the instant aggregate extraction site and carried out approximately KRW 308,587,950 of aggregate.

B. The Plaintiff’s aggregate extraction book part of the instant case.

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