약정금
1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 10,00,000 as well as the full payment from July 12, 2018.
1. In full view of the purport of the pleadings as a whole, based on the facts stated in Gap evidence No. 1 and witness Eul's testimony, the Plaintiff cultivated the Defendant and the Defendant around July 15, 2017 to sell the dry field located in Gyeongbuk-gun D (the closing date shall be April 30, 2017), and the Plaintiff shall pay 55,000,000 won to the Defendant in consideration of the fact that the Plaintiff agreed to agree with the Defendant if the quality falls short of the quality, and the Plaintiff paid 10,000,000 won to the Defendant around February 2, 2017, and around June 1, 2017, the fact that the Plaintiff, while drinking in the dry field, was spawding, and that damage, such as tearing, etc., caused by tearing, can be acknowledged.
2. Determination on the main claim
A. (1) On May 2017, 2017, before the Plaintiff’s argument was made, the representative E entered the account number of the Defendant on the ground that he would return the down payment that he received as no commercial value due to the lack of good condition of the Defendant’s cultivation.
Therefore, since the agreement between the plaintiff and the defendant on the return of down payment was concluded, the defendant is obligated to pay the plaintiff 10 million won and the delay damages.
(2) The witness’s testimony, consistent with the Plaintiff’s assertion, is inconsistent with the contents of the Plaintiff’s statement in the complaint (the content that the Plaintiff agreed with the Defendant after gambling). In light of the status of the distribution after gambling (the video of No. 1-3 to No. 15) and the status of the distribution after gambling, it is difficult to deem that the distribution before gambling was not good, and in light of the fact that E’s testimony as to the time and frequency during which the Defendant was found and the Defendant was inconsistent, it is difficult to believe it as it is, and there is no other evidence to acknowledge the above assertion.
Therefore, the plaintiff's primary claim is without merit.
B. On February 1, 2017, the Plaintiff, as to the conjunctive claim, may shipping the instant conjunctive claim to the Defendant and the Defendant around July 15, 2017, at the 10,000 square meters of dry field D located in Gyeonggi-do.