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(영문) 전주지방법원군산지원 2019.02.12 2017가단55372
부당이득금
Text

1. The Defendant shall pay the Plaintiff KRW 200,000,000 and the interest rate of KRW 15% per annum from October 14, 2017 to the date of full payment.

Reasons

Basic Facts

On January 31, 2012, the Defendant entered into a contract with the Plaintiff on the following terms (hereinafter “instant agreement”) with respect to the right (hereinafter “instant fishery right”) regarding the gathering and farming (area 84 ha) of the fishery right jointly owned by C fishing village fraternity:

Paragraph 1. The Defendant (hereinafter “A”) recognizes that the Plaintiff and D (hereinafter collectively referred to as “B”) paid the down payment and the remainder (1,037,000,000 won in total) when concluding a contract for the exercise of the fishery right with the fishing village fraternity C in Gunsan-si.

Paragraph 2. A: (a) Recognizing that sea33, dynas, etc. arrested (e.g., 84 Lynas) at C sea3, hynas (area 84 h) are owned by B; and (b)

Paragraph 5. C. All powers relating to the C Farming Chapter shall be vested in Section B, and shall be delegated to Section B all rights and work rights.

Article 2. The fishery rights, among the fishery rights jointly owned by C fishing village fraternities (hereinafter referred to as “A”), exercised by the Defendant (hereinafter referred to as “B”) are as follows:

1. Fishing right: Gunsan License E, F, G, H, I, and J;

2. Area: 84 ha.

3. Fishing method: The exercise fee for the fishing right exercised by the holder of the fishing right under Article 4. of the Village Fisheries Act shall be paid at the same time as an exercise contract, and the exercise fee for the fishing right shall be KRW 1,037,00,000;

Article 5. The period of the exercise contract of the fishery right to be entered into under this Agreement shall be from February 1, 2012 to December 31, 2015, and the period of the exercise contract shall enter into force from the date when the exercise fee of the fishery right is paid in the manner determined by A in accordance with Article 4.

C On February 1, 2012, the fishing village fraternity entered into a contract on the exercise of the fishery rights of this case among the fishery rights owned by C fishing village fraternities with the Defendant, who is the fishing village fraternity, as follows:

(hereinafter “Defendant-fishing village fraternity agreement”). The Plaintiff wired the Defendant’s total amount of KRW 200,000,000 to the Defendant’s account by January 5, 2015, and KRW 837,000,000 to the C fishing village fraternity’s account on January 31, 2012.

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