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(영문) 광주지방법원 2018.07.13 2017나60849
정산금
Text

1. Of the judgment of the court of first instance, the part concerning the counterclaim in the judgment shall be modified as follows:

Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. The plaintiff is a person who gathers the village in Jindo-gun C Branch line (hereinafter "the fishing ground of this case"), and the defendant sells the village in Jindo-gun.

B. The Defendant received the Plaintiff from D and purchased garris from the Plaintiff for three days.

After that, on July 19, 2016, the Plaintiff prepared and delivered a quantity contract to transfer 50/100 of the Plaintiff’s share in the instant fishing ground to D from July 18, 2016 to August 10, 2016.

C. On July 20, 2016, the Defendant remitted KRW 55,000,000 to the Plaintiff’s spouse’s account.

On July 18, 2016, the Defendant was supplied with the entire gars collected from the Plaintiff from the instant fishing ground from July 18, 2016, the 19th day of the same month, the 20th day of 24 to 28th day, and sold them, and then paid 50% of the profits calculated by deducting 12,000 won per 1 tin per 30,000 work costs from the Plaintiff.

E. On August 2, 2016, the Plaintiff claimed that he/she supplied the Defendant with 843 tin for the said period, but there is no evidence to acknowledge the fact that he/she has supplied 836 tin for more than 836 tin for more than 836 tin for the said period according to each of the statements in subparagraphs B through 5 above, after having paid the work expenses in advance, 258 tin for the 4th day of the same month, 36 tin for the 5th day of the same month, 135 tin for the same month, and 195 tin for the 9th day of the same month.

B supplied to the Defendant.

[Reasons for Recognition] Evidence Nos. 1, 2, Eul Nos. 1 through 5 (including the number of pages), witness D of the first instance court, and the purport of the whole pleadings

2. According to the above facts in light of the judgment as to the cause of the principal claim, the Plaintiff and the Defendant should provide the Defendant with the entire quantity of the ground collected by the Plaintiff in the instant fishing ground from July 18, 2016 to August 10, 2016, and the Defendant shall pay 50% of the profit calculated by deducting 12,000 won per 30,000 won per 1 tin per tin per tin.

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