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(영문) 대전지방법원 2020.12.17 2020나102493

손해배상(기)

Text

Of the judgment of the first instance, the part against the plaintiff as to the amount ordered to be paid below.

Reasons

The plaintiff in the scope of the judgment in the court of first instance requested that the plaintiff pay to the plaintiff the total expenses of KRW 45,851,000 (the total expenses of KRW 19,720,000 plastic fertilizer price of KRW 5,250,00,000, which is the total expenses of KRW 5,250,000, vinyl Co., Ltd. and KRW 15,631,000, which was paid by the plaintiff in the course of performing the culture cultivation contract due to restitution or compensation for damages due to the cancellation of the contract, and the plaintiff demanded that the defendant return KRW 20,00,000 due to restitution or unjust enrichment due to the cancellation of the contract or the termination of the contract. The court of first instance dismissed all the above claim.

On this issue, the plaintiff appealed only to the defendant. The scope of the judgment of this court is limited to the request.

2. Facts of recognition;

A. On August 6, 2018, the Plaintiff engaged in the distribution brokerage, wholesale business, and wholesale business of agricultural products, etc. under the trade name of "D", the Plaintiff, the representative of the Defendant and H, including the Defendant (including the Defendant, total of 10 persons) of the farmers living in the Nam-nam-gun G, Nam-nam-gun, and “I” operated by the Defendant and H, as the introduction of F, the E-ri-ri, Y, Nam-gun, Nam-gun, Y, provided the Plaintiff with seeds, agrochemicals, fertilizers, and vinyl to the farmers, provided the farmers with total of 35,00 square meters and labor force, provided the farmers with land and labor force at a total of 35,000 square meters, sold with the seeds of the farmers, covered with vinyl, and sold the spawn spawn in dry field, and provided the spawn spawn spawn to dry field, and paid 10.28% of the remainder 10.0% of the down payment (20.3).3).

B. At the time, the Plaintiff was promptly dismissed to the Defendant.