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(영문) 수원지방법원 2018.08.17 2017가합22141
손해배상
Text

1. Defendant A fishery partnership corporation shall pay the Plaintiff KRW 100,000,000 to the Plaintiff on September 29, 2017.

Reasons

1. Basic facts

A. On September 22, 2011, the Plaintiff entered into a contract for gathering earth and rocks (hereinafter “instant contract”) with Defendant A fishery partnership corporation (hereinafter “Defendant A”), with respect to 51,144 square meters of land (hereinafter “instant land”) owned by the Defendant corporation, in Donnam-do, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”). After obtaining permission for gathering earth and rocks from the land before subdivision, the Plaintiff entered into a contract for gathering earth and rocks (hereinafter “instant contract”) with the content that the Plaintiff would collect earth and rocks from the land above 1.2 billion won during the period of permission acquisition, and the Plaintiff paid down KRW 100 million to the Defendant corporation on the date of the instant contract.

The Defendant Corporation (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”) entered into a contract with respect to the use for collecting the land of this case owned by “A” as follows:

1. “A” which is the owner of the land in this case consents to the use of the land within three years from the starting date of the collection of earth and rocks after the permission of “B” for the collection of earth and rocks.

In addition, "A" should cooperate with all matters concerning permission for the collection of earth and stone (original stone) in "B" and endeavor to ensure that the implementation of the project is smooth as a good faith and good faith.

1) After the conclusion of this contract, “A” should not trade or transfer land subject to the contract, and “B” may not trade or transfer the right of permission after the permission for the collection of earth and stone.

2. The purchase price for collecting earth and stone and the method of payment for collecting earth and stone: The daily payment of KRW 00 billion per day after the permit for the collection of stone: The payment of KRW 100 million per day to “A,” the payment of KRW 30 million per month, the payment of KRW 30 million per month to “A,” and the payment of KRW 12 billion per day on the last day of the start of the collection of earth and stone.

2-1.

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