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(영문) 대구지방법원안동지원 2016.04.07 2015가합134
동업계약확인등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties or may be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 3, 4, and Eul evidence Nos. 2-1 through 7:

(1) On February 2013, the Plaintiff entered into a partnership agreement between the Plaintiff and the Defendant, and the Plaintiff’s livestock shed (hereinafter “instant livestock shed”) with approximately KRW 6,400 land and its ground livestock shed (hereinafter “instant livestock shed”) on the aggregate of approximately 6,400 permanent residence and six parcels, owned by the Defendant from the Defendant.

(2) The Plaintiff leased the instant livestock shed with a three-year period of KRW 15 million per annum. (2) When the Plaintiff experienced difficulties in raising funds for the operation of the livestock shed of this case, the Plaintiff provided subsidies or loans to the Defendant for the development of the livestock industry pursuant to Article 5 of the Special Act on Assistance to Farmers, Fishermen, etc. following the conclusion of the Free Trade Agreement for the Livestock Infrastructure Modernization Project promoted by the permanent resident market, and Article 3 of the Livestock Industry Act.

3) Accordingly, on October 2013, the Plaintiff entered into a partnership agreement with the Defendant with the Defendant on the same terms and conditions as the “matters stipulated in the separate agreement on farm contracts” (hereinafter “instant partnership agreement”).

AB concluded the agreement.

The summary of the instant agreement is as follows: ① (i) the Plaintiff shall bear its own charges of KRW 170 million; (ii) the livestock shed facility modernization fund of this case in total of KRW 850 million with a subsidy of KRW 425 million; and (iii) the Plaintiff, Defendant, and D with a subsidy of KRW 250 million following the livestock shed facility modernization project; and (iv) the remainder of the loans of KRW 150 million shall be used by the Defendant; and (v) the remainder of the funds of KRW 750 million with the total funds of KRW 850 million with the total funds of KRW 150 million with the funds of KRW 150 million with the funds of the livestock shed; and (v) the loans shall be distributed to the Plaintiff, Defendant, and D with KRW 30 million with the net income of the instant livestock shed, excluding the management expenses, for the operation of the livestock shed; and (v) the remainder of the funds shall be reserved to the instant contract related to the livestock shed.

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