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(영문) 대전지방법원 2018.11.08 2017나112247
이익분배 등
Text

1. Of the part on the principal lawsuit in the judgment of the court of first instance, KRW 17,700,000 against the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. The relationship between the parties 1) The Plaintiff was a person who had access to the Cheongyang-gun Office, and a person who runs a personal construction business with the trade name of “I” (see the evidence No. 3 and the evidence No. 6-1, No. 4 of the evidence No. 6). The Defendant is a person who mainly engages in construction machinery contracting with the trade name of “J” and “K” and each individual enterprise engaging in rental business (see the evidence No. 4 and No. 35). 2) The Mine Reclamation Corporation (Cheongyang-gun branch office) ordered the “Yyangyang-gun C business” for the purpose of restoring the mining damage of farmland in the downstream of the polluted mines due to asbestos.

(see subparagraph 6-1(3). (b)

(1) The Plaintiff’s permission to collect soil and stones related to the soil contamination restoration project appears to have been obtained in writing in name as to the name of the Plaintiff, which is “D and three parcels,” as stated in the Dong Business Agreement (Evidence B No. 1) dated September 2, 2013, which is seen after L and M’s land (hereinafter “each land of this case”).

As to the above restoration project, the Defendant obtained permission to collect earth and stone from the Plaintiff at the permitted site, and the Defendant paid to the Plaintiff KRW 60,000,000,000, in total, for the purpose of collecting earth and stone from the supplier, after collecting earth and stone by ordering the Plaintiff to work or using equipment (see evidence 35). 2) The Defendant agreed to engage in the same work (see evidence 35). 30,000,000 on January 25, 2013; and 30,000,000,000, respectively, for collecting earth and stone from the Plaintiff.

(A) Evidence Nos. 12, B. 3) With respect to the Plaintiff on or around September 2013, 2013, earth and rocks (in the form of earth and sand) on each land of this case.

(C) The collection of earth and rocks from 192,00 cubic meters (see subparagraph 6-2 of the evidence No. 6). The Plaintiff entered into an agreement on the business of collecting earth and rocks between the Plaintiff and the Defendant, and the Plaintiff’s receipt of money) on September 2, 2013. The amount of earth and rocks collected from each land of the instant case under the name of the Plaintiff is 192,000 cubic meters.

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