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(영문) 의정부지방법원고양지원 2014.11.14 2014가단3279

정산금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant enter into a partnership business agreement between the Plaintiff and the Defendant 1) The Plaintiff and the Defendant are 48,793 square meters of woodland C in Gyeonggicheon-gun (hereinafter “instant forest”).

2) The Agreement on the Mutual Aid and Trade in Korea (hereinafter referred to as the “Agreement on the Mutual Aid and Trade in Korea”) providing a new household factory, etc.

(2) On February 24, 2005, the Plaintiff concluded the registration of transfer of ownership on the forest land of this case as the grounds for the registration. The Plaintiff completed the registration of transfer of ownership on March 4, 2005 as the receipt No. 5054 on March 4, 2005.

3) The Plaintiff obtained approval from the head of Seocheon-gun in September 2005 for the establishment of a furniture factory in the instant forest. around that time, the Plaintiff obtained permission for conversion of the forest of this case for the permission from Seocheon-gun in September 15, 2005 to September 30, 2009. The permission for conversion of the forest of this case for the permission is granted, and the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) upon obtaining permission for conversion of the mountainous district.

A) In the event permission for mountainous district conversion is revoked upon expiration of the above permission period, a license and guarantee insurance contract under which the Plaintiff is the insured of the annual Docheon-gun regarding the restoration expenses to be borne by the Plaintiff (hereinafter “instant insurance

(4) While Nonparty D jointly and severally guaranteed the Plaintiff’s indemnity liability under the instant insurance contract, the Plaintiff requested the Defendant to terminate the instant partnership agreement and settle the amount of investment on the grounds of health on June 2009, which was accepted by the Defendant and liquidated the instant partnership agreement between the Plaintiff and the Defendant. On September 9, 2009, Nonparty D finally prepared a memorandum of agreement containing the following purport between the Plaintiff and the Defendant (hereinafter “instant letter of agreement”). Since then, the Plaintiff paid all of the amount under the instant letter of agreement to the Defendant.

The Plaintiff and the Defendant agreed to pay all relations related to the instant forest.