손해배상(기)
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.
2. Of the costs of lawsuit.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On August 10, 2012, the Plaintiff engaged in agricultural product distribution business concluded the so-called “contract cultivation agreement” with the Defendant, who is a farmer, with the effect that the Plaintiff would pay 20 million won for advance payment to the Defendant, and provided goods required for both seeding and vinyl and agricultural chemicals, etc., the Defendant: (a) cultivated both 5 pieces of farmland (hereinafter “instant farmland”); (b) 8,000 square meters in total; and (c) transferred all harvesteds to the Plaintiff; and (d) the Plaintiff would pay 16 million won for the remainder of each harvest; and (b) concluded the so-called “contract cultivation agreement” with the purport that the Plaintiff would pay 36 million won for the remainder of each harvest (i.e., farmland amounting to 80 million won x 45 million x 500 won per square; and (hereinafter “instant agreement”).
B. In accordance with the instant agreement, on August 17, 2012, the Plaintiff paid KRW 24 million to the Defendant’s financial account (at that time, the Plaintiff wired KRW 24 million to the Defendant’s financial account, and the Plaintiff sent KRW 4 million to the Defendant’s financial account, separate from the instant agreement, and together with the Defendant’s farmland KRW 200,00,00,000, in accordance with the Defendant’s double farming contract cultivation agreement). At that time, the Plaintiff provided approximately KRW 100,000,00,000, vinyl, agricultural chemicals, etc. for double farming and the Defendant began growing the same double farming in the instant farmland.
C. On August 2012, 2012, which was after the planting of the two-way Modern species, the Madroben and Denmark passed continuously on the south coast. As a result of the measurement by the weather observation station in the Haduk-gun, the area adjacent to the farmland of this case, the 32.0mm on August 22, 2012, the 9.5m on September 23, 2012, the 76.5m on the 24th m on the same month, the 11.5m on the 27th m on the same month, the 101.5m on the 28th m on the 28th m on the same month, and the 14.5m on the 30th m on the 30th m on the same month.
As such, in the event that it is anticipated that the small trend of the culture of the fish culture pursuant to the instant agreement is very good due to the influence of typhoons, the Plaintiff provided approximately KRW 20,000 to the Defendant in early September 2012, and requested the Defendant to provide the planting of approximately KRW 20,00 to the Defendant, and the Defendant is the same as the instant farmland.