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(영문) 광주지방법원목포지원 2016.11.03 2015가단51485
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In around 2005, the Plaintiff engaged in fish farming business with the area of 1017 square meters, E-fishing grounds, 660 square meters, F-type 318 square meters, G miscellaneous land, 1116 square meters, H fish farm 216 square meters, H fish farm 216 square meters, I fish farm 960 square meters (hereinafter “instant fish farm site”).

B. In around 2005, the Defendant, who had engaged in a construction business at Suwon, invested by the Plaintiff upon receiving an investment proposal for the instant plantation, and upon receiving a request from the Plaintiff to install the aquaculture facilities on the site of the instant plantation, set up a plantation (hereinafter “instant plantation”) on the site of the instant plantation, and maintained a partnership with the Plaintiff.

In addition, on March 18, 2010, the Defendant completed the registration of ownership transfer with respect to the instant aquaculture site, and on April 2, 2010, the Defendant acquired the collateral security obligation (the amount of the collateral security obligation was KRW 45 million) with respect to the amount of the maximum debt amount, which was set up in the instant aquaculture site on April 2, 2010.

In addition, on April 1, 2010, the defendant completed the business registration of snick-eel e in the Jeonnan Military E.

C. On November 29, 2011, the Defendant agreed with the Plaintiff to plant 20,000 won in the instant aquaculture, upon the transfer of the site of the instant aquaculture, and agreed with the Plaintiff to plant 20,000 won in the instant aquaculture. On November 29, 201, the Defendant signed an agreement with the Plaintiff on the purport that “The Plaintiff shall plant 20,000,000 won in the instant aquaculture prior to the operation of the instant aquaculture and pay 30,000 won in the event that the Plaintiff is unable to implement the instant aquaculture, and the Defendant shall operate the aquaculture after April 2012.”

The Defendant entered 150,00 won in early 2012, and the Plaintiff and the Defendant concluded again the following agreements (hereinafter “the first agreement”) on April 6, 2012.

(1) A partnership contract prepared in 2011 shall be executed.

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