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(영문) 대전지방법원서산지원 2016.08.25 2015가합50407
보증금반환
Text

1. Defendant C’s KRW 150,000,000 as well as 5% per annum from April 22, 2015 to August 25, 2016, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. Defendant B fishing village fraternity (hereinafter “Defendant B fishing village fraternity”) is a fishing village fraternity established by the Fisheries Cooperatives Act in the area of business in which one of the two members in Tae-gun, Chungcheongnam-gun, Chungcheongnam-gun, and is composed of approximately 200 members of the fishing village fraternity. Defendant D is the head of the fishing village fraternity in Defendant D, and Defendant C is the fishing village fraternity.

B. As the conflict between the members of the fraternity was raised due to the unexpected budget execution and the suspicion of breach of trust at the time when the F, who was the head of the fishing village fraternity, was employed by the Defendant fishing village fraternity, the 85 members of the fraternity, including Defendant D and C, were organized around April 2013 (hereinafter “Emergency Countermeasure Committee”), and Defendant C played the general role of the chairman and Defendant D.

C. On October 1, 2013, the said members decided to collect and sell the village fraternity separately from the Defendant fishing village fraternity, and Defendant C concluded a sales contract with the Plaintiff on October 1, 2013 (hereinafter “instant contract”).

The sales contract between the buyer A and B of the Chairperson of the Committee on Countermeasures against the Non-Terrorism of the Fishing Village Fishing Village Federation shall be concluded as follows:

1. A buyer of the security deposit shall pay to the seller the KRW 100 million,00,000,000,000 to the seller;

2. Continuously maintaining each contribution unit during the contract term and quantity B00 emergency response committees for fishing village fraternities;

[The sale price shall be at least 50 km a day, and shall be at least 10 km a day before and after every 10th day (Provided, That this shall not apply to 50% of the total daily amount of s.g.). 3. The sale price shall be determined on the basis of the market price in the industry and on the basis of agreement between the seller and the purchaser.

4. Payment of the price shall be made within two days after the receipt of what he/she supplies by the Committee on Countermeasures against the Emergency Fishing Village of the Fishing Village Credit Union;

5. When one of the parties who fails to comply with the scheduled compensation for damage and the penalty for breach of contract and is responsible for the failure to perform the contract, the security deposit shall be reverted to the seller, and the contract may be terminated;

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