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(영문) 서울서부지방법원 2020.04.16 2018가합1629
약정금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Summary of the cause of claim;

A. The Plaintiff, as a shareholder of the Defendant Fisheries Partnership Corporation B (hereinafter “Defendant Company”), was in the position of an auditor and real estate auction expert, found the fishery right listed in the separate sheet (hereinafter “the fishery right of this case”) that can be cultivated by festival type from the fishing ground of 199ha, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, according to the resolution of the Defendant Company, and acquired by the Defendant Company through auction.

B. During that process, the Plaintiff received from the Defendant Company a delegation of the right on the recruitment, consultation, and operation of investors for the acquisition of the instant fishery right, and agreed with the Defendant Company to receive 1/10 shares of the fishery right when the transfer of the fishery right is registered or the sales balance is deposited. If the transfer of shares is not done, the Plaintiff agreed with the Defendant Company to receive KRW 300 million.

C. On November 16, 2009, the Defendant Company did not pay the Plaintiff the agreed interest transfer registration, despite the fact that the purchase price was fully paid and the transfer of the fishery right was registered under the name of the Defendant Company.

The Defendant Company shall pay to the Plaintiff KRW 290,000,000,000,000,000 already paid on September 30, 2009 among the agreed amount of KRW 300,000,000, deducting KRW 10,000,000,000, or upon the authorization of the transfer of the fishery right of this case (the Defendant’s share of KRW 2789/578, out of the total area of fishery right 27890), subject to the authorization of the transfer of the fishery right of Taean Gun, implement the procedure for the registration of transfer of the fishery right shares

(Preliminary Claim) 2. The Plaintiff asserted that in the grounds of the instant complaint, the subject of the agreement to acquire the instant fishery right and pay the Plaintiff 1/10 of shares or 300 million won of the agreement in lieu thereof is the Defendant Company.

The plaintiff's right of fishery of this case on November 16, 2009, even if based on the data submitted by the plaintiff with the complaint attached to the complaint.

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