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(영문) 부산지방법원 2019.08.22 2018가단304867
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Around April 2014, C Co., Ltd. (hereinafter “C”) entered into an entrustment contract for the sale of aggregate production with the agreement to supply the F Industrial Complex Production Aggregate from April 4, 2014 to December 31, 2016, to D (hereinafter “D”).

B. On October 5, 2015, D delegated the Plaintiff with all of the authority to produce aggregate and sell aggregate among the construction works for the creation of the F Industrial Complex entrusted by C.

C. On October 26, 2016, the Plaintiff agreed with the Defendant regarding the F Industrial Complex Development Project implemented by C (hereinafter “instant agreement”) with the following content (hereinafter “instant agreement”).

1. On October 5, 2015, the Plaintiff renounced all the power based on the power delegated by D to the Plaintiff on the delegation date, and subsequently delegated by D’s G and H to waive all the power of D before the date on which the Plaintiff signed this Agreement with C before the signing date of this Agreement, and affixed the seal on this Agreement. After the completion of the construction works for collecting earth and stones in the F Industrial Complex, the Plaintiff did not file any and all actions, including provisional disposition, civil action, civil petition, etc., and objection.

5. The Plaintiff does not raise an objection to the rejection of the payment of the entire draft of the agreed amount when the Plaintiff reverses the agreement due to the nonperformance of the contents of the Plaintiff’s agreement.

·the details of the separate agreement,

1. Of the agreed amount of KRW 200 million agreed between the Defendant and the Plaintiff, KRW 100,000 as of the date of the last day of April 2017 shall be paid as the electronic bill, and KRW 100,000 as of the last day of May 2017 shall be paid as the electronic bill.

2. 원고는 크럇샤 원석 투입을 ㎥당 1,500원에 책임지고 크럇샤 공정에 지장이 없도록 호퍼에 투입한다.

The plaintiff is responsible only for a dump dump injection and the blasting is dealt with by the defendant.

3. 50% of the production of gravel unit price 25m is 7,000 won per cubic metres in the Jinju area, the Plaintiff sold at 7,000 won per cubic metres in cubic metres, and the profit is paid preferentially in order to sell at least 7,00 won per cubic metres.

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