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(영문) 인천지방법원 2016.05.27 2015가합3811
어업신고필증 명의개서절차 등 이행
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendants borrowed 10,00,000 won from the Plaintiff on May 11, 2004 and 40,000,000 won on May 27, 2004 from the Plaintiff on August 30, 2004, respectively.

B. The Defendants concluded an additional security agreement with the Plaintiff on September 24, 2004 to transfer the above loan money to the Plaintiff when they concluded an additional security agreement with the effect that they would transfer the above loan money to the Plaintiff with the permission to produce seeds and seedlings in Defendant B, which was owned by Defendant B for the purpose of securing the above loan money. The said loan was deferred on November 20, 2004.

C. According to each of the above transfer contracts, the Plaintiff filed a lawsuit demanding the Defendants to implement the transfer procedure of fishery report completion certificate and to deliver the instant facilities (Seoul District Court 2005Gahap2499) on August 12, 2005, and the conciliation was concluded on August 12, 2005. The main contents of the said conciliation protocol (hereinafter “instant conciliation protocol”) are as follows.

2. The Defendants jointly and severally paid KRW 200,000,000 to the Plaintiff.

A. Among them, KRW 50,000,000 is to transfer the Defendants’ claim for the supply price to the Plaintiff by August 27, 2005, and to notify D thereof.

B. Of the remainder 150,00, 30,000 won, 30,000,000 won until August 27, 2005, 50,000,000 won until October 27, 2005 of the same year, and 50,000,000 won until November 27, 200 of the same year, shall be paid in installments by December 27, 200 of the same year.

3. The above 2.A

In the event that a claim to be acquired under subsection (1) is not paid by December 27, 2005,

B. The Defendants jointly and severally pay KRW 50,000,000 to the Plaintiff until January 27, 2006.

4. The Defendants’ aforementioned 2.B.

If the performance of each obligation described in the paragraph is delayed, the benefit of time shall be lost, and damages for delay shall be paid at the rate of 10% per annum for all unpaid amounts referred to in the same paragraph.

5. The above 3.b.

To secure the performance of each obligation described in paragraphs and 4.

A. The defendant B shall immediately delay the performance in annexed Form 1.

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