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(영문) 대전지방법원 서산지원 2017.02.01 2016가단2750
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 76,80,000 and the interest rate of KRW 15% per annum from March 24, 2016 to the day of full payment.

Reasons

1. The Plaintiff and the Defendant agreed to sell and purchase pine trees owned by the Plaintiff (30 to 35cm in diameter) on November 2015. On December 15, 2015, the Defendant inspected pine trees located in the C farm at Jin-si, Jin-si, and carried 48 pine trees out of the pine trees (hereinafter “instant pine trees”) around January 15, 2015.

2. The parties' assertion

A. A. Around November 13, 2015, the representative director of the Plaintiff Defendant: (a) called the Plaintiff to purchase KRW 1.60,000 per share of the landscape gardening trees for landscaping planting planting in F farm and G farm in Jinjin-si, which are to be supplied to the construction site of the new apartment complex at the construction site of Jinjin-si, and KRW 1.60,000 per share of the landscape trees for landscaping planting in G farm; (b) however, (c) around December 15, 2015, the Plaintiff calls again to the Plaintiff for the phone on December 15, 2015, and thus, (d) the Plaintiff supplied KRW 70-80 of the landscape gardening trees for landscaping planting in the said farm to the Plaintiff at the construction site of Jinjin-si, and (e) the Plaintiff extracted from around January 15, 2016.

Accordingly, the defendant said that the remaining pine trees that fall short of the original contract quantity will bring about from the H farm in Jin-si and Jin-si I farm in Jin-si.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 76.8 million (=1.6 million x 48 weeks).

D) At night on December 25, 2015, 2015, the Plaintiff was calleded to purchase KRW 500,000 per share of 3-4 defective pine trees (round 30cm) planted in the J farm in the J farm in the J farm in the J farm in the J farm in the condition of extraction by the Defendant, but the contract was not implemented on the wind for which the final supply is denied.

B. On December 13, 2015, Defendant Original Defendant decided to sell and purchase pine trees planted to Jinjin-si C, and first presented KRW 650,000 per share and KRW 550,00 per share and KRW 600 per share and KRW 550,000 per share.

The defendant's meeting minutes of the board of directors held at the time also contain the above price negotiations.

K, which is the defendant's on-site director, is about 60 mils of pine trees as office tapes.

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