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(영문) 춘천지방법원강릉지원 2020.02.04 2018가합30897
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 1, 2018, the Plaintiff entered into an investment contract with the Plaintiff to invest KRW 100,000,000 in the aggregate of KRW 30,000,000 on February 1, 2018, under the name of “business of purchasing fishery rights for domestic production in the sea farming industry” with the C Association on February 1, 2018. The Plaintiff agreed to preferentially use the right to use the fishing ground established within the fishery right to purchase if the full amount of the investment is deposited in accordance with the said investment contract, and the C Union received the investment money from the Plaintiff to use it as the funds for acquiring fishery rights.

B. On March 20, 2018, the Plaintiff entered into a lease agreement with the Plaintiff on the fishery rights of the Plaintiff and C Cooperatives (hereinafter “instant factual confirmation”) issued on October 20, 2016 from C to C, among the fishery rights and the right to permit of the Plaintiff and C Cooperatives (hereinafter “instant factual confirmation”).

(2) According to the indication, the term “three fishing grounds” in the name of “three fishing grounds” (hereinafter “three-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one (hereinafter “instant three fishing grounds”) and “three-one-one-one-one-one-one-one-one-one-one-one-one (16-one-one-one (16-one-one) and one-six-one-one-one-one (22-one-one), each of the above fishing grounds, and the reduced number of 22-one-one (2-one-one-one) and the Plaintiff’s fishing rights (hereinafter “instant lease”).

(2) Under the instant lease agreement, C Union has an obligation to cover fishing grounds so that the Plaintiff can cultivate and operate fishing grounds with exclusive rights to each of the above fishing grounds, the Plaintiff bears the costs incurred in repairing and cultivating fishing ground facilities incurred during the lease period, and agreed to recognize only the mutually agreed costs at the time of settlement of accounts.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 12, Eul evidence 12, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff is the plaintiff of this case.

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