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(영문) 청주지방법원충주지원 2016.10.20 2015가합3648
손해배상(기)
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 constituting the premise of the dispute

A. On November 4, 2004, the Plaintiff entered into a lease agreement with Defendant B to set up and lease the E fishing place located in Chungcheongbuk D (hereinafter “instant fishing place”) at KRW 16 million per annum, and Defendant B obtained permission from the head of the voice Gun for the instant fishing place from May 4, 2006 to December 31, 2010.

B. On September 5, 2006, the Plaintiff agreed to transfer the instant fishing place operation rights, etc. from Defendant B with the price of KRW 50 million, and agreed to the special agreement that “the remainder (including the extended period) during the lease period shall succeed to the buyer (the buyer)” and paid KRW 50 million to Defendant B.

C. On June 10, 2010, the Plaintiff leased the instant fishing place to Defendant C with a deposit of KRW 30 million for lease, KRW 30 million per annum, and the period from June 1, 2010 to May 31, 201. The Plaintiff received from Defendant C the payment of KRW 20 million per day of the said agreement, and KRW 10 million on June 15, 201.

After the expiration of the period of permission for the above fishing place business (from May 4, 2006 to December 31, 2010), Defendant B, the representative of the fishing village fraternity, applies again for permission for the fishing place business concerning the fishing place in this case to the voice group, and obtained permission for the fishing place business from the voice group from May 11, 201 to May 10, 201.

E. On March 20, 2012, the representative of Fran Fishery was changed from Defendant B to Defendant C’s wife.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, 3, and 9 evidence, fact inquiry results against the voice group of this court, the purport of the whole pleadings

2. Plaintiff’s claim against Defendant B

A. Defendant B agreed not only to the period of permission for existing fishing place business (from May 4, 2006 to December 31, 201) but also to extend the period of permission (from January 1, 2011 to December 31, 2015) thereafter at the time of the transfer contract entered into on September 5, 2006, Defendant B agreed to guarantee the operation of the Plaintiff’s fishing place.

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