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(영문) 창원지방법원통영지원 2015.06.09 2014가단8836

보증금반환

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 100,869,800 to the Plaintiff (Counterclaim Defendant) and its related amount from July 24, 2014 to June 9, 2015. < Amended by Act No. 13373, Jun. 9, 2015>

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. C Co., Ltd. and the Defendant: 1) C Co., Ltd. (hereinafter “C”)

) The maritime park set up in Dong Young-si D (hereinafter referred to as the “instant park”).

A) Around May 1, 201, the Defendant has been preparing a flood line business that operates with macro-Presentation and D. Around May 19, 201, the size and the fixed number of vessels 1. The period of delegation is 5 years from the date of conclusion of the contract, but it is extended if the contract is well implemented. 3. The Defendant shall pay KRW 100 million per ship to C with the deposit for operation of a ship. 4. The Defendant shall pay KRW 50 million per ship each year with the deposit for operation of a ship 50 million and KRW 4 billion each x 200 million each. 5. 5. 5. The deposit and the fixed number of vessels under the above paragraph (3) enter into force at the same time between C and C by May 19, 2011.

3) On May 19, 201, the Defendant: (a) on May 19, 201, KRW 400 million for the operation deposit for four vessels; and (b) KRW 1-year usage fees and entrance fees (hereinafter “entry fees”).

B) The Plaintiff and the Defendant paid KRW 200 million. B. On May 23, 2011, the Defendant entered into a flood line operation agreement between the Plaintiff and the Defendant, which allows the Plaintiff to operate one flood line on the sea route between E and D, and the Plaintiff paid KRW 200 million to the Defendant during the period from July 1, 201 to August 3, 2011.

2. At around that time, Tong Young-si has jurisdiction over the park of this case under the administrative district, and there was administrative support from the time of the creation of the park, and thus, the Dong Young-si has the right to operate the park in the above park. The city is the above park.