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(영문) 대구지방법원 2015.01.15 2014나3502
선도금 반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On September 18, 2012, the Plaintiff, a wholesaler of agricultural and fishery products, entered into a contract for crop cultivation (hereinafter “instant contract”) with the Defendant, a farming father, with the introduction of C, as follows. On the same day, the Plaintiff paid the Defendant the sum of the down payment and intermediate payment (hereinafter “instant down payment and intermediate payment”).

1. Items: The root;

2. The number of greenhouse greenhouses for cultivation: 50 units;

3. Sales price (contractual unit price): 14,000 won per 20 kilograms, and 1,000 won per stuff, after the last harvest, shall be additionally paid as audit expenses.

4. Payment method of down payment of the purchase price: 25 million won (i.e., a vinyl house 50 thousand won/Dong) (i.e., the intermediate payment of 25 million won/Dong) at the time of entering into a contract: The remainder payment of up to March 31, 2013: The remainder remaining from the total amount after confirming the yield is paid at the time of shipping.

5. Time of delivery of crops and the date of final harvest: Delivery after confirmation of yield by both parties until June 2013;

6. Management responsibility, expenses incurred in purchasing seeds bearing such responsibility, expenses incurred in seeding, expenses incurred in felling, expenses incurred in purchasing pesticides, and harvest: The plaintiff and other cultivation: The defendant;

B. The Defendant, up to December 2012, installed only a part of 50 plastic houses contracted with the Plaintiff among the 50 plastic houses, but all of the plastic greenhouses installed due to the heavy snow that occurred around that time, was destroyed. Thereafter, around February 25, 2013, the Defendant restored 8 plastic greenhouses (hereinafter referred to as “the first restoration Dong”) and restored 11 greenhouses around March 12, 2013 (hereinafter referred to as “the second restoration Dong”).

The Plaintiff harvested the root of 1,077 1,07 from the first restoration Dong, but did not grow up due to the failure to grow up properly.

The ordinary strike of the party branch is from the end of December to the end of January of the following year, and in the neighboring area of the Changwon-si where the root cultivation site under the contract of this case is located, crops may be harvested when they are sold on or around March 10, but the income is low at the above time.

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