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(영문) 대전지방법원 2014.08.29 2013가단32663
이행금반환 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 6,450,000 to the Plaintiff (Counterclaim Defendant) and its related amount from August 21, 2013 to August 29, 2014.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1 through 4, and Eul evidence No. 1, the plaintiff (the counter defendant; hereinafter referred to as "the plaintiff") may recognize the fact that around May 7, 2012, the plaintiff (the counter defendant; hereinafter referred to as "the plaintiff") prepared a joint implementation note with the defendant (the counter-party; hereinafter referred to as "the defendant") as follows (hereinafter referred to as "instant joint implementation note"):

(1) The Plaintiff is obliged to pay KRW 12,00,000 to the Defendant not later than June 10, 2012, the amount of KRW 7,00,00,00 to the Defendant, based on the foregoing joint project performance angle, and the contract between the Defendant (hereinafter “instant contract”). ① The Plaintiff shall pay KRW 12,00,000,00 to the Defendant, based on the personnel expenses, oil and equipment, and KRW 12,00,00,000, which is established on the land leased by the Plaintiff of Daejeon-gu Daejeon-gu Seoul Special Metropolitan City (hereinafter “instant land”).

(2) The defendant manages and cultivates all matters relating to hybrids.

(3) When the Plaintiff and the Defendant determine the cost of seedlings as 7,00 won per share as agreed upon, and sell seedlings or receive compensation as compensation area, they shall distribute each 50% of the remainder excluding 7,000 won x 7,000 won.

4. After compensation, trees will entirely result in the Defendant.

(5) In the event of harvest of blue, personnel expenses to be harvested shall be jointly borne, and 50% of the profits shall be allocated when the income sources accrue.

2. The parties' assertion

A. While the Defendant prepared a letter of performance of the instant joint project between the Plaintiff and the Plaintiff and agreed to plant a total of 15,000 blue tree seedlings on the instant land, approximately KRW 2,220 blue seedlings was not planted, and even though there was a total of 15,00 blue tree seedlings on the instant land, the Defendant neglected to plant a tree tree and neglected to plant a tree tree, despite the fact that there was a total management responsibility for the planted tree seedlings.

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