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(영문) 광주지방법원해남지원 2015.06.18 2014가단2003
매매대금반환
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 7, 2013, the Plaintiff and the Defendant entered into a contract for field cultivation (hereinafter “instant cultivation contract”) under which the Defendant would cultivate drilling from around 8,000 to around 8,00 in dry field near Chungcheong-gun C, Chungcheong-gun and pay the price to the Defendant (hereinafter “instant cultivation contract”).

(A) Evidence No. 1). (b)

According to the instant cultivation contract, the Defendant: (a) cultivated drilling by May 20, 2013; (b) spraying pesticides, removing plants, and giving fertilizers; (c) the Plaintiff provided seeds by March 13, 2013; and (d) paid down payment on May 20, 2013.

Therefore, the Plaintiff provided seeds to the Defendant, and paid KRW 16,00,000 to the Defendant on March 11, 2013, and KRW 15,200,000 on May 25, 2013, respectively.

(A) No. 3-1 (c)

피고가 재배한 배추 중 일부에서 꽃대[꽃이 수상(穗狀)으로 필 때 이삭의 중심축을 이루며 꽃자루가 달리는 줄기]가 발견되었다

(A) No. 7-1, 2, 3) d.

In June 2013, the Plaintiff and the Defendant agreed that the Plaintiff would grow the spawal from the Defendant’s dry field without compensation, around June 2013, when the dispute occurred due to the fireworks.

(C) . [In the absence of dispute] . [Ground for recognition] . The fact that there is no dispute, Gap evidence 1, Gap evidence 3-1, 2-2, Gap evidence 7-1, 2, and 3, the purport of the whole pleadings and arguments.

2. Judgment as to the main claim

A. The plaintiff's gist of the plaintiff's assertion is the primary cause of claim in this case. ① The defendant agreed to reduce the price of the fireworks in the event of the fireworks price according to the cultivation contract in this case, and the price of the flowers occurred in the dry field. Thus, the defendant is obligated to return the price paid by the plaintiff in full. ② Although the defendant has a duty to produce a seed at a hot place, such as a vinyl house, and to prevent the outbreak of the fireworks, thereby violating such a duty, thereby causing a fireworks price for the drilling, and accordingly, loss of the value of the ship's goods.

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