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(영문) 청주지방법원충주지원 2016.04.21 2015가합144
준설토인도 등
Text

1. Between the Plaintiff and the Defendants, according to the Plaintiff’s business approval as of May 12, 2014, the Plaintiff was attached to the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant B agreed around February 17, 2010 as follows:

(hereinafter “instant First Agreement”). (1) The term of the contract is until December 31, 2014.

② The Defendant B purchased dredging soils generated from the Haju-si, which is located in each of the lands listed in the separate sheet No. 1 (hereinafter “each of the instant lands”), etc., from the Haju-si.

(3) The purchase price shall be 6,320,000,000 square meters based on dredging soil (6,320,000 square meters per one cubic meter).

④ Defendant B shall operate a river by-products storage yard for the four major river projects on each land of this case (hereinafter referred to as “the storage yard of this case”).

Defendant B paid KRW 880,00,000 as the price for dredging at the time of Chungcheong by April 2012, and claimed that the remainder of the purchase price should be adjusted on the grounds of dredging soil volume, etc. Accordingly, Defendant B agreed with the Defendant B to adjust the dredging volume to 531,695 cubic meters and assess the price per cubic meter to 2,129,852,000 won and to change the total price per cubic meter to 1,129,852,000 won.

B. From February 28, 2014 to April 25, 2014, Chungcheongnam-si urged Defendant B to pay the remainder of KRW 249,852,00 (i.e., KRW 1,129,852,00, - KRW 880,000) out of the purchase price of the dredged soil over several occasions. Defendant B still notified the Defendant B of the termination of the instant agreement on May 7, 2014.

C. The Plaintiff jointly and severally guaranteed the performance of Defendant B’s obligation under the guarantee insurance contract concluded by Defendant B with respect to the instant arrangement, but submitted a letter of undertaking to perform the project, which contains the following: (a) on May 8, 2014, the Plaintiff: (b) paid KRW 249,852,000 as above, and operated the instant storage yard until December 31, 2014; (c) would terminate the project until December 31, 2014; and (d) would bear the boundary surveying cost and land rent due to the restoration if the project is delayed.

On May 12, 2014, Chungcheongnam-si had the Plaintiff operate the storage yard of this case.

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