계약금반환
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On March 29, 2014, the Plaintiffs purchased the aforementioned worships at KRW 13,00,000 from the purchase price, with respect to the worships cultivated by the Defendant and the Defendant in dry field of 2,500, but the down payment of KRW 6,000,000 shall be paid on the date of the above contract and the remainder of KRW 7,00,000 shall be paid until May 15, 2014. The Plaintiffs concluded a contract for the distribution contract (hereinafter “instant contract”) with the purport that the Defendant is responsible for the management of theft and insect pests, removal of miscellaneous insects, etc. up to the time of shipment.
B. The Plaintiffs paid KRW 6,00,000 to the Defendant as down payment.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The assertion and determination Plaintiffs seek the return of KRW 20,000,000, which the Plaintiffs paid as compensation for damages arising from the nonperformance of the above obligation, on the grounds that the Defendant’s failure to faithfully perform the obligation to manage the distribution under the instant contract, and the product value of the cultivated portion became nonexistent to the extent that it cannot be additionally shipped out.
The testimony of the witness D of the first instance trial alone is insufficient to recognize the fact that the defendant has no value of goods to the extent that it is impossible for the defendant to make additional shipment of cultivated products due to the failure to faithfully perform the obligation to manage the distribution under the contract of this case, and there is no other evidence to acknowledge this otherwise.
Therefore, the plaintiffs' assertion based on this premise is without merit.
3. In conclusion, the plaintiffs' claim against the defendant is dismissed as it is without merit. Since the judgment of the court of first instance is justified with this conclusion, the plaintiffs' appeal is dismissed as it is without merit. It is so decided as per Disposition.