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(영문) 대전고등법원 2018.11.14 2016나14988

보증금반환

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. The co-defendant B of the first instance trial (hereinafter “B fishing village fraternity”) is composed of approximately 200 fishing village fraternities established under the Fisheries Cooperatives Act in the area B of Tae-gun, Taenam-gun, Chungcheongnam-gun, and the Defendant and the co-defendant D of the first instance trial (hereinafter “D”) are the members of the fishing village fraternity.

(D) around July 2014, the fishing village fraternity was the head of the fishing village fraternity. (B)

B When the conflict between the members of the fishing village fraternity was raised due to the imprudent budget execution and the suspicion of breach of trust at the time when F was employed by the former head of the fishing village fraternity, the 85 members of the fishing village fraternity including the Defendant were organized on April 2013 by the chairman of the fishing village fraternity and the B Committee on Emergency Countermeasures of the fishing village fraternity (hereinafter referred to as the “Emergency Countermeasures Committee”) which was the chairman of the Defendant and D, and decided to collect and sell the village separately from the B fishing village fraternity.

C. On October 1, 2013, the Plaintiff drafted a sales contract with the Defendant for the following content:

(hereinafter “instant contract”. Whether a seller of the instant contract is a criminal defendant, B fishing village fraternity, or non-emergency committee is a dispute between the parties thereto). The seller of the instant contract entered into a termination sales contract between A and B by the Chairperson of the Committee on Countermeasures against Non-Terrorism of the Fishing Village Fishing Village as follows:

1. The buyer of the security deposit shall pay to the seller one hundred million won of the security deposit for the purchase of the security deposit at the time of conclusion of this contract;

2. Continuous maintenance of each private interest during the term of contract and the quantity emergency response committee shall be maintained and operated;

[1] The sale price shall be at least 50 km per 50 km and shall be at least 10 days before and after every 10th day (Provided, That this shall not apply to 50% of the total daily amount of s.g.). 3. The sale price shall be determined on the basis of the market price in the industry and on the basis of agreement between the seller and the purchaser.

4. Payment of the price shall be made within two days after the receipt of the price supplied by the Emergency Countermeasure Committee on Receipt of Biovers; and

5. The failure to comply with the scheduled damages and the penalty and the non-performance of the contract.