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(영문) 부산지방법원동부지원 2015.02.12 2014가합100954
손해배상(기)
Text

1. The Defendant’s KRW 50,000,000 as well as the Plaintiff’s annual rate of 6% from June 12, 2014 to February 12, 2015.

Reasons

1. Facts of recognition;

A. The plaintiff is a corporation established by the Commercial Act for the purpose of housing construction business and real estate development business, and the defendant is a fishing village fraternity under the Busan City Fisheries Cooperatives, which is composed of the members residing in the Namcheon-gu, Busan.

B. 1) Won, the Defendant, October 12, 2009, and the public waters development project (hereinafter “instant project”)

2) The contract concerning the contract (hereinafter “instant contract”)

The main contents are as follows: Development Project for the Namcheon-gu Fisheries Cooperatives, Busan-do fishing village fraternity, fishery right in the branch line, public waters in the south-gu, 562, 563, which is located in the Nam-gu, Busan-do) and harbor (harbor facilities located in the Nam-gu, Busan-do) which are indicated as the object of the : Defendant and B: Plaintiff 1 (Purpose of this Agreement is to obtain the consent of Party A and to develop the development project for the South-do and the public waters in the Republic of Korea by seeking the consent of Party B.

C. Article 2 (Contents of Consent) ① fishery right of the Namcheon Fishing Village, public waters development project in the branch line using another port. ② Development project using ports and port facilities located in Namcheon-dong, Namcheon-gu, Busan, and in 561, 562, 563, Article 3 (Conditions of Consent) ① He shall contribute to Gap as follows:

The amount of KRW 50 million shall be paid as the development fund of the fishing village fraternity immediately after the preparation of the contract under this Agreement.

(b) Eul set the period for authorization, permission and development as 15 months from the date of this Agreement and pays the remainder of the fishing village fraternity development fund to Gap on December 30, 2010.

(c)B shall pay the remainder of the fishing village fraternity development fund at an early stage upon completion of the period of preparation for development (authorization, permission, etc.) and may pay the development fund in the middle of any consultation with A;

(2) Eul shall pay Gap KRW 2 million per month from the business day following the business day after development and completion to the fishing village fraternity operation fund.

(3) Authorizations and public charges imposed on development projects shall be granted.

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