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(영문) 창원지방법원 2016.01.06 2015나33001
보증금반환
Text

1. It includes the Plaintiff (Counterclaim Defendant)’s principal claim and the Defendant (Counterclaim Plaintiff)’s counterclaim that were expanded in the trial.

Reasons

1. Basic facts

A. C Co., Ltd. and the Defendant are delegated contracts 1) C Co., Ltd. (hereinafter “C”).

) The maritime park set up in Dong-si D (hereinafter “instant park”) is called the “instant park.”

(2) On May 19, 201, the Defendant: (a) entered into a contract with C and C to delegate the right of sight and pilotage (hereinafter “instant delegation contract”); (b) on May 19, 201, the Defendant: (c) entered into a contract with C and C to delegate the right of sight and pilotage (hereinafter “instant delegation contract”); and (d) the main contents are as follows.

1. The scale and the prescribed number of vessels shall be limited to three at least 250 sight lines and one vehicular line (not more than 250 seats). 2. The period of delegation shall be five years from the date of conclusion of the contract, but shall be extended if it is well performed;

3. The defendant shall pay 100 million won per ship to C with the security deposit for operation of the ship.

4. The amount of KRW 50 million per ship per year under the pretext of D residual teaching fees and entrance fees of the above-mentioned one ship ¡¿ four kinds of ships = two hundred million won shall be paid.

5. The deposit under the foregoing paragraph 3 becomes effective upon deposit to C by 19 May 201 as well as upon deposit to C.

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 macro-si E and D, and the Plaintiff paid KRW 200 million to the Defendant between July 1, 201 and August 3, 2011.

2) The Defendant, on December 30, 201, again between the Plaintiff and the Plaintiff on December 30, 201, refers to a contract under which the Plaintiff may operate one excursion ship between E and D (hereinafter “instant excursion ship navigation agreement”).

The performance guarantee under Article 2 of the Operating Agreement was concluded on July 1, 201.

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