(영문) 대전지방법원 서산지원 2016.09.30 2016고정42

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(영문) 대전지방법원 서산지원 2016.09.30 2016고정42

사문서변조등

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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. In preparation for the fact that E does not transfer the fishery license to the above aquaculture, the Defendant was willing to arbitrarily state a special clause on the real estate lease agreement for the real estate of this case in preparation for the fact that E does not transfer the fishery license to the above aquaculture, while leasing the aquaculture located in the area of the F, G, and H (hereinafter “the instant real estate”).

1. On May 23, 2014, the Defendant altered a private document: (a) at Lhouse located in K in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun on May 23, 201; (b) obtained a lessor’s real estate lease agreement under the name of E from L, and (c) transferred the lessor’s right to permit fishery to the lessee until June 30, 2014.

The penalty shall be paid in the amount of KRW 50 million when such penalty is known.

On December 19, 2013, the right to permit fishing under the contract with E and A is transferred to A by June 30, 2014.

The penalty of KRW 50,00,000 shall be paid to A at will when this is known.

Accordingly, the Defendant changed one copy of the real estate lease agreement in the name of E, a private document on rights and obligations (hereinafter “instant contract”).

2. On February 4, 2015, the Defendant filed a lawsuit claiming the refund, etc. of rent for E at the Seosan Branch of the Daejeon District Court located in 4-24, Seosan-si, Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and held a copy of the instant contract modified as above, which was submitted to the said court No. 1, which was aware of the fact.

2. In light of the following facts and circumstances acknowledged by the record, the testimony of E and L is difficult to be reliable, and rather, the defendant has the power to conclude the contract of this case even if he/she has obtained the explicit or implied prior consent of E as to the entry of the above special agreement for penalty, and even if not, he/she has the power to conclude the contract of this case.

There is room to see that the special contract for penalty is stipulated with L's consent.

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