logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원정읍지원 2016.10.11 2014가단5287
손해배상(기)
Text

1. The Defendant’s KRW 49,484,160 as well as the Plaintiff’s annual rate from September 18, 2014 to October 11, 2016, and the following.

Reasons

1. Basic facts

A. On July 7, 2014, the Plaintiff entered into a contract with the Defendant for purchasing KRW 195 million (hereinafter referred to as “instant contract”) the said contract with the Defendant in a high-Gun forest, etc. located in the former Chang-gun, North Korea (hereinafter referred to as “instant contract”). From the date of the said contract to July 22, 2014, the Plaintiff paid the Defendant the said KRW 195 million as the purchase price.

B. At the time of the instant contract, the Plaintiff and the Defendant indicated 16,800 square meters for the Defendant’s growing area, but the Defendant’s actual growing area was about 15,564 square meters for approximately 16,80 square meters and less than 16,236 square meters.

C. Among the water boxes that the Plaintiff purchased from the Defendant pursuant to the instant contract, most of the water boxes cultivated from the dry field of 7,000 square meters, such as Go Chang-gun, Go Chang-gun, etc., Jeon Chang-gun, G, etc., was disposed of due to the occurrence of misunderstanding and st

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, 3, and 5 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff’s assertion 1) The Plaintiff and the Defendant concluded the instant contract on the premise that the Defendant would grow gambling at 16,800, but the actual cultivation area is narrow to 1,236 square meters. Therefore, the Defendant is entitled to compensate the Plaintiff for damages incurred by the head of the division in the area of flood cultivation (i.e., KRW 14,346,200 per square meter x KRW 11,607 per square meter x KRW 1,236 square meters, and KRW 100; hereinafter the same applies).

(2) The Plaintiff suffered from blight and harmful insects in most of the dry field of 7,00 square meters, including Go Chang-gun, Go Chang-gun, etc., which was cultivated from the dry field of 7,00 square meters and disposed of.

In the absence of blight and harmful insects, 86,654,400 won or actual sales proceeds are 24,79,200 won or more, which can be sold in dry field of 7,000 square meters or less.

Therefore, the Defendant is obligated to pay the Plaintiff damages for nonperformance of obligation (=86,654,00 won - 24,79,200 won) and damages for delay.

B. The plaintiff, who is the first specialist of the defendant, agreed at the time of the contract of this case.

arrow