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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The plaintiff's assertion and judgment
A. The Plaintiff, the Defendant, C, and D entered into a partnership agreement with the joint investment to cultivate the tags at the sea front of the Hasung-gun E, Bosung-gun.
The plaintiff originally invested 100 lines (2 million won), the defendant 1200 lines (24 million won), C has 100 lines (2 million won), and D has paid the settlement amount for each of its primary shipment according to the above shares (12 million won). After that, the plaintiff and C have paid 3,251,890 won to the defendant with the burden of the defendant, respectively, and they have transferred the defendant's shares to the defendant, and thereafter the plaintiff and C have acquired the share of 280 lines.
The settlement amount to be paid by the Plaintiff for the secondary shipment according to the Plaintiff’s above shares is KRW 22,67,200 from November 4, 2012 to November 26, 2012, and KRW 23,289,423 from December 11, 2012 to January 14, 2013. The Defendant in charge of settlement of accounts paid KRW 26,468,200 in total to the Plaintiff and paid the remainder of KRW 19,498,423.
Therefore, the defendant is obligated to pay the above settlement amount and damages for delay to the plaintiff.
B. The gist of the Defendant’s assertion is that the Defendant promised to transfer 360 percent (30%) of the Defendant’s shares to C on condition that C manage all of the aquaculture after the first type shipment, and there was no receipt from the Plaintiff of the investment amount of KRW 3,252,890, and all the settlement amount for the Plaintiff’s original shares was paid.
C. According to the reasoning of the evidence No. 1-3 of the judgment, it is recognized that the sales details written by the Defendant from November 4, 2012 to November 26, 2012 were totaled KRW 227,369,00, and that the Defendant paid KRW 26,468,200 to the Plaintiff on January 31, 2013 and February 1, 2013.
However, the statement in Gap evidence No. 4-1 alone is only recognized that the plaintiff transferred a total of KRW 6,50,000 to the defendant on August 26, 2011.