(영문) 광주지방법원 순천지원 2018.10.24 2017가단78985

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(영문) 광주지방법원 순천지원 2018.10.24 2017가단78985

계약금반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a member of a fishing village fraternity at the time of female acquisition.

B. On July 15, 2010, the Defendant concluded a contract with C fishing village fraternity to set the period for exercising the fishery right of this case as KRW 45 million until May 30, 2013 with respect to the fishery right of this case, and that the Defendant should exercise the fishery right of this case by setting the period for exercising the fishery right as KRW 45 million.

C. On July 15, 2010, the Defendant received a total of KRW 5 million from the Plaintiff and KRW 45 million on July 24, 2010 from the Plaintiff, and paid to C fishing village fraternities as the exercise fee for the said fishery right.

On July 26, 2010, the Defendant: (a) between the Plaintiff and the Plaintiff, the Plaintiff had the entire authority over all fish and shellfish produced in the aquaculture in relation to the exercise of the instant fishing right; (b) the timing for gathering fish and shellfish fish and the period for gathering fish and the period for managing fish and shellfish shall be determined by the Plaintiff; (c) the sales of fish and shellfish are deposited by the Plaintiff in the Plaintiff’s passbook; and (d) the Defendant entered into a contract under which the Plaintiff will act on behalf of the Plaintiff on behalf of the Plaintiff

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. (1) On July 28, 2010, the Plaintiff and the Defendant paid KRW 45 million to the Defendant on the condition that various fish and shellfishs produced in the C fishing village fraternity farming farms are supplied by the Defendant, on condition that they are supplied by the Defendant, on condition that they are supplied with various fish and shellfish produced in the C fishing village fraternity farming farms. However, on May 30, 2013, the Plaintiff agreed to return money equivalent to the quantity less than one month from the time the contract expires (hereinafter “instant quantity contract”); and the Defendant did not entirely supply fish and shellfish to the Plaintiff by May 30, 2013.

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