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(영문) 인천지방법원 2015.07.24 2013가합36411

손해배상(기)

Text

1. Defendant C’s KRW 65,990,00 for Plaintiff A, and KRW 98,985,00 for Plaintiff B, and each of them from January 7, 2014.

Reasons

1. Facts of recognition;

A. Defendant C cultivated ginseng in approximately KRW 226.8a (hereinafter “the ginseng field of this case”) among approximately KRW 28,373 square meters (hereinafter “the ginseng field of this case”) prior to E, 1,646 square meters prior to E, 23,960 square meters prior to G, G, the total amount of KRW 28,377 square meters (hereinafter “283.73a”), and entered into a sales contract with the Plaintiffs on January 17, 2013 with regard to the ginseng in the ginseng field of this case (hereinafter “the instant first sales contract”).

-Graneg: 400 million won out of the total amount of five-year total sales price for E, F, G-G-G-G-Gin total 226.8a of the 226.8ama of the 2/3 red scargs of the 2/3-year total of 600 million won.

1. On the date of the contract, the plaintiffs paid 100 million won as the down payment to the defendant C, and the defendant C received it definitely.

3. The remainder shall be the total sum of the amounts to be settled in accordance with the remaining number of pages on February 27, 2013, in respect of which the number of deductions is deemed the sum to be deducted.

4. When the remainder is fully paid, the liability of Section C, such as ginseng distribution management, is responsible for Defendant C, and the above ground facilities are traded only 2/3 of the total amount of the income of Defendant C, whichever is 226.8a, and the extraction is made before 2013.

The criteria for 30,00 (total area) are to be determined, and the shares of Defendant C in raw ginseng (water in an undried state) are to be purchased by the Plaintiffs and the market rate is to be reached.

All expenses are to be paid according to shares.

B. Accordingly, the Plaintiffs paid all the down payment of KRW 100 million to the Defendant couple on the date of conclusion of the instant first sales contract, and the remainder KRW 300 million around February 28, 2013.

(Plaintiffs paid KRW 200 million each). (C)

On June 18, 2013, Plaintiff B entered into a sales contract with Defendant C to purchase 1/3 shares (i.e., the 1/6 shares of the ginseng field of this case) in the purchase price of KRW 100 million among the ginseng field of this case, and paid KRW 100 million to Defendant C on the same day.

The plaintiffs mine the ginseng dry field of this case around August 26, 2013 and approximately 4,390 teas.