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(영문) 춘천지방법원강릉지원 2016.02.02 2015나5214
기타(금전)
Text

1. Of the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) B and Defendant C. in excess of the amount ordered to be paid below.

Reasons

1. Basic facts

A. On February 18, 2014, the Plaintiff anticipated from Defendant B to produce capital (hereinafter “instant capital reduction”) to be cultivated by Defendant B in dry field of 16,000 square meters, the Plaintiff purchased KRW 450 per kilogramg per square meter (10% per square meter, 5%), and the estimated total amount of KRW 72,00,000 per square meter (hereinafter “instant sales contract”); and C guaranteed Defendant B’s obligation to the Plaintiff under the instant sales contract, and the specific terms and conditions of the contract are as follows.

1) On the date of a contract, the Plaintiff pays a down payment of KRW 2,000,00, and Defendant B regularly receives the entire agricultural products sold by Defendant B. (2) The Defendant B shall be liable, manage, and keep the balance period.

3) The preservation condition of capital reduction: The reduction of capital that has a variety of diseases, such as shackers, shackers, shackers, and shackers, in principle, shall be cancelled, and shall be renewed at the time of acceptance. 4) The Plaintiff shall pay the remainder in the amount of approximately KRW 5,000,000,000,000,000.

5) Defendant B cannot sell and purchase the agricultural products sold to another person without the Plaintiff’s consent, and the disposal time imposes civil and criminal responsibilities. 6) In the event of a natural disaster, the contract can be modified with the Plaintiff and the Defendant B.

7 Even in violation of paragraph (1) among the above contract terms between the plaintiff and the defendant B, the plaintiff shall invalidate the down payment, and the defendant B shall make a double of the down payment as the repayment key, and shall prepare two copies of this contract, keep two copies thereof, and sign and seal them.

B. On February 18, 2014, the Plaintiff paid KRW 20,000,00 to Defendant B as down payment.

C. On July 5, 2014, the Plaintiff harvested the capital of this case in Defendant B’s dry field, and confirmed that some of the capital of this case was infected by a sulfic disease.

On July 5, 2014, from July 6, 2014 to July 7, 2014, the Plaintiff harvested a total of 89,830km, cultivated by Defendant B, and stored in the Plaintiff’s warehouse.

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