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(영문) 춘천지방법원 강릉지원 2017.02.07 2016가합50316
대여금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 175,00,000 as well as the full payment from March 9, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 20, 2009, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) entered into an agreement with C on February 20, 2009 to purchase the fishery right, management vessel, and other land equipment and materials from 25 hectares (the name of fishing vessel E), which he operated as “D”, for KRW 450 million, and to pay the remainder KRW 400 million by adding interest at the rate of 5% per annum from the date of full payment to the date of full payment.

Of the above fishery rights, the fishery right against the 16th Order among the above fishery rights (hereinafter referred to as “1 fishery right”) is the name holder H and I (C) in the name of Gangwon-si, the holder of the fishery right against the 9th Order, and the fishery right against the 9th Order (hereinafter referred to as “2 fishery right”) was the name holder of the 16th Order of Gangwon-si, Gangwon-si, the holder of the fishery right was C in the name of Gangwon-si.

B. Under the above contract, KRW 50 million was paid to C in April 2009 and June 2009.

After that, around December 2010, KRW 200 million was paid to C, and KRW 149 million out of the above KRW 200 million was created by the Plaintiff, and the remaining KRW 51 million was paid out of the funds raised by the Defendant.

On December 29, 2010, upon the payment of the above money, the title of fishery right No. 1 was transferred from H and I to the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”).

In addition, on December 30, 2010, business registration under the name of "K" was made in the name of "K."

C. On January 10, 201, the Plaintiff obtained a loan of KRW 10 million,00,000 (hereinafter “No. 1”) from the Gangnam-si Fisheries Cooperatives (hereinafter “Yung-si Cooperatives”) as security, and KRW 200,000,000,000 (hereinafter “No. 2”) on January 14, 201.

The loans of KRW 160,150,000,000 were made under the guarantee of the Agricultural Credit Guarantee Fund.

Meanwhile, the Defendant paid KRW 200 million to C on January 14, 2011, and received the transfer registration of E from C on January 17, 2011, and on January 2, 2011.

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