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(영문) 광주고등법원 2020.11.25 2019나24994
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

Reasons

1. Basic facts

A. On November 17, 2016, the Defendant was granted a temporary use permit from the Jindo-gun for the purpose of mining old soil and live minerals with respect to each forest of Jindo-gun C, D, E, and F.

B. On June 15, 2017, the Plaintiff entered into a contract with the Defendant for the production of aggregate on six lots, including the above forest and field (hereinafter “the first site”) with the content that the Plaintiff sold aggregate and settled aggregate production costs, etc. to the Plaintiff (hereinafter “the first contract”).

The main contents of the first contract are as follows:

Article 1 (Indication of Subject Matter of Contract) Contract for Aggregate Production ( Earth and Stone) (No. 1) and Location of Aggregate Production (No. 1). Contract quantity: The whole permitted area quantity for the first site and the quantity for the second permission, including the quantity for the second permission, the period of this contract shall be extended at a unit price of two-year after consultation.

Article 14 (Cancellation and Termination of Agreement) (A) The plaintiff and the defendant cannot reverse this Agreement without justifiable grounds. The plaintiff and the defendant may cancel or terminate this Agreement with the consent of the other party after affixing a written seal. This Agreement is concluded between the plaintiff and the defendant. Since this Agreement is a contract concluded by mutual agreement between the plaintiff and the defendant, a person responsible for destroying the other party's damage if the contract is unilaterally not performed or destroyed, shall compensate for the other party's damage (consigning the cost of input of equipment and dissolution and execution cost) Article

3. The cost of production of aggregate in the field shall be deposited immediately after the delivery place deposits the source of the supply place.

5. The defendant shall cooperate with the defendant so that the plaintiff may voluntarily dispose of the product when the product volume can not be accumulated in excess of 10,000 cubic meters.

C. Pursuant to the first contract from June 27, 2017 to July 17, 2017, the Plaintiff installed a cracker (JWrusher and rocks used to cut by cutting and cutting down with a cuttingly cuttingly, using the cracks, H), screen, and cracker, etc. at the first site from around June 27, 2017 to July 17, 2017, and installed a cracker with a cutting system.

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