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(영문) 제주지방법원 2014.12.02 2013가단16724

보증금반환

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 47,507 to the defendant (Counterclaim plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 23, 2013, C and D agreed to establish the Plaintiff to run a fish farming business, and on July 23, 2013, upon which the Defendant entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 50 million, annual rent of KRW 50 million, annual rent of KRW 50 million, and the period of July 23, 2014 (the date of preparation of the contract shall be July 25, 2013) to lease all the property rights related to the fish farm, including the ground, buildings, structures, and machinery thereof, as well as the fish farm (hereinafter “instant fish farm”), and received delivery of the fish farm.

B. On August 1, 2013, the Plaintiff was established on August 1, 2013, and on August 6, 2013, as the term of lease, deposit, and annual rent agreement are entered into with the Defendant, the other party may, if the lessee or lessor fails to perform the said lease agreement, notify the nonperformance in writing and may terminate the said agreement. The Defendant shall perform roof reinforcement construction works by August 20, 2013 (hereinafter “instant special agreement”). ② The Defendant shall perform the administrative affairs, such as a fish farming license, amendment to the Han Electric Power Use Agreement, disaster insurance, etc. by August 9, 2013; ② the Defendant shall complete the traw boiler construction works established with the National Treasury subsidy by October 30, 2013; ③ the Plaintiff shall bear the amount of KRW 10 million,000,000,000 for the deposit amount for Han Electric Construction; ⑤ the Plaintiff shall be paid to the Defendant the remainder of the contract upon the implementation of the agreement.

C. On July 31, 2013, the Defendant purchased 1270,000 Ba 1,270,000 Ba Ba 1,000 Ba 1,000 Ba Ba 1,000 (the discounted 1,000,000 won after calculation of 2.70 Ba 1,000 won per 1,000 won per 1,00,000 won). The Plaintiff, without any big problem, decided to accept it, compared the tabing of the pa ta and the tabing of the pa ta in the seeds where the taba is located, purchased 13,80,000 won at the seeds and seedlings located in the taban, and entered

Plaintiff.