채무부존재확인
1. As to the Plaintiff (Counterclaim Defendant)’s KRW 378,00,000 to the Defendant (Counterclaim Plaintiff) and its related amount, from April 18, 2018 to August 23, 2018.
1. Basic facts
A. The Plaintiff is a non-legal entity that consists of village residents in Samyang-si.
B. Around 2015, the Defendant promoted the construction of the power line that passed through the Plaintiff’s village. The Defendant drafted an agreement with the Plaintiff on August 28, 2015 with the following contents in order to preserve the loss of whether or not the Plaintiff’s residents may suffer from the construction of the power line and to smoothly carry out the construction in the cooperation of the residents.
(hereinafter referred to as the “instant agreement”) . 1. Defendant (Seoulbukwon Construction Branch) subsidized KRW 400 million as the special support project cost in order to preserve the landscape and psychological aspects that may arise from the construction of transmission lines and to smoothly implement construction works in cooperation with the residents of the Plaintiff.
Details of special support projects: Income increase projects and resident welfare projects;
4. The special support project costs shall not be fully or partially used for the personal purpose, and the private or criminal liability shall apply to an individual when he/she pays cash;
5. The defendant may recover the special support project cost already paid if the plaintiff's resident fails to faithfully fulfill the terms of this agreement.
9. The defendant, other than those mentioned above, shall support 50 million won for the improvement of the welfare of the plaintiff's village residents.
C. Around November 2016, the Plaintiff submitted a business plan to the Defendant that he/she would implement the Korea-Japan Breeding Livestock Business as a income increase business, and around that time, the Defendant paid the Plaintiff KRW 400 million of the special support project cost (hereinafter “instant project cost”) and the subsidy for improving the welfare of the Plaintiff’s village residents (hereinafter “instant subsidy”).
On December 28, 2016, the Plaintiff entered into a Korea-friendly management contract with C on December 28, 2016, and the Plaintiff’s resident D, etc. appealed to the use of the instant project cost for the Korea-friendly livestock breeding business and filed a civil petition against the Defendant.
C March 23, 2017