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(영문) 제주지방법원 2015.10.15 2014가합5841
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a stock company that runs the business of picking, manufacturing, selling, wholesale, retail, etc. of aggregate, and the Defendant is a stock company that runs the business of picking and selling aggregate.

B. On January 21, 2013, the Plaintiff entered into a contract with the Defendant for the lease of land and facility and the supply of aggregate (hereinafter “instant contract”) with respect to each of the instant ten parcels, including the following.

Article 1 [Scope of Lease of Land and Facilities] In entering into a lease contract of land and all facilities for gathering earth and stones between the plaintiff and the defendant, the details thereof are as follows:

1. Indication of real estate: (a) Seopo-si: Da 17,506 square meters in Seopo-si; (b) Da 17,792 square meters in Seopo-si in Seopo-si; (c) 1,692 square meters in Seopo-si in Seopo-si in Seopo-si; (d) 3,912 square meters in Seopo-si in Seopo-si in Seopo-si; (e) 4,489 square meters in Seopo-si in Seopo-si in Seopo-si in Seopo-si; (e) 16,046 square meters in Seopo-si in Seopo-si in Seopo-si. 8,368 square meters in Seopo-si; and (e) 7,06 square meters in Seopo-si in Seopo-si in Seopo-si in Seopo-si; and (e) 1,864 square meters in Seopo-si in Seopo-si in Seopo-si;

2. The purpose of Article 2 of the Act is to produce aggregate for manufacturing ready-mixed products to be supplied to S Co., Ltd. (hereinafter “S”) and T (hereinafter “T”) for the purpose of collecting earth and stones by leasing land, authorization and permission rights and all facilities from the Plaintiff for the purpose of collecting earth and stones. The purpose of the Act is to produce aggregate for manufacturing ready-mixed products, which is to be supplied from January 1, 2010 to December 31, 2013 to December 31, 2013; the term of permission is to be used for the purpose of collecting earth and stones.

(Provided, That the production of aggregate for the manufacture of ready-mixeds shall take precedence over others, and the production and sale of aggregate for other purposes may also be permitted) Article 3 (Land and All Facilities Rent and Term of Lease)

1. Lease term: The rent from February 1, 2013 to January 31, 2018: the Defendant shall pay each month to the Plaintiff the monthly rent of KRW 25,000,000 from February 1, 2013 to the end of each month from February 2013 when the lease contract begins.

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