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(영문) 광주지방법원 순천지원 2018.11.29 2017가합13794

손해배상(기)

Text

1. The Defendant’s KRW 6,00,000 as well as the Plaintiff’s annual rate of KRW 6% from December 15, 2017 to October 26, 2018.

Reasons

1. Basic facts (applicable for recognition: The fact that there is no dispute, Gap's evidence 1 through 7, 9, 13, 21, 22; hereinafter the same shall apply);

(ii) the statements or images of evidence Nos. 1, 5, 6, 7, and 8, the witness C’s testimony, and the purport of the whole pleadings)

A. On September 30, 2015, the Plaintiff entered into a contract with C to purchase two agricultural heating systems (D, 350,000ccal/h) for KRW 30 million as follows (hereinafter “instant contract”) on behalf of the Defendant who produces and sells agricultural machinery, and the Defendant asserts to the effect that the Defendant is not a party to the instant contract, but is not a party to the instant contract. However, according to Party C’s testimony, C’s testimony, upon obtaining the power to sell heating systems from the Defendant and signing the instant contract on behalf of the Defendant.

The balance was agreed to pay for the loan of funds for purchasing agricultural machinery.

The type of agricultural heating apparatus contract: D (C) special product: One year (excluding defects due to a natural disaster): The date of release of machinery proceeds on or before October 8, 2015: 30 million won (30,000,000 won): The remainder of deposit on or before September 30, 2015, with the land price of KRW 6,000 (6,000,000): the remainder of deposit on or before September 30, 2015: the installation without compensation on September 30, 2015, of the contract date of the E Association (EF documents): 10D oil tank, s standard oil tank 200, 2000 annually, electric power lines, oil straw, and juter 2

B. Accordingly, on September 30, 2015, the Plaintiff remitted the down payment of KRW 6 million to the Defendant’s account. On October 27, 2015, the Plaintiff received documents necessary for the loan for agricultural machine purchase from the Defendant. On November 27, 2015, C installed two agricultural heating systems (hereinafter “the instant heating systems”) and oil tanks in the Manyang-si, G in which the Plaintiff cultivated a pethouse (hereinafter “Plaintiff’s plastic greenhouse”).

C. From December 2, 2015 to February 2, 2016, the Plaintiff is not in operation with one unit of the instant heating systems (hereinafter “first unit heating systems”) and received repairs from C several times from C. < Amended by Presidential Decree No. 27189, May 2, 2016>