logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2016.03.25 2014나3618
감자대금
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Determination as to Plaintiff A’s claim

A. 1) On December 14, 2012, Plaintiff A and the Defendant cultivated the seeds of pots provided by the Plaintiff from the Defendant in dry field of 30,00 square meters (where the Plaintiff is located in Chungcheongnam-gun, Chungcheongnam-gun), the Defendant harvested them, and the harvested pots 25 kg of 12,50 won per mast (i 12,500 won per mast (the Defendant agreed to take over the amount determined regardless of the time taxes).

(2) The Plaintiff entered into an agreement with the Defendant to deduct the seed price (20 kg per 1 mag) provided by the Defendant from the cultivation price (35,000 won per mag). (2) The Plaintiff: (a) sold the 540 mato seeds provided by the Defendant to the said dry field; and (b) completed the capital reduction around June 20, 2013; however, the Defendant did not harvest the above capital reduction on the ground that the price for the capital reduction has decreased.

[Based on recognition] Evidence Nos. 1 and 4, each entry of Evidence Nos. 4, and the result of the Plaintiff’s personal examination of the first instance court, the purport of the whole pleadings

B. According to the above findings of the determination as to the cause of the claim, the plaintiff A completed the reduction of capital pursuant to the above agreement for the reduction of capital. Therefore, the defendant is obligated to pay the plaintiff A the cultivation price under the above agreement.

Furthermore, according to the fact-finding results with respect to the cultivation price that the Defendant is obliged to pay, it is recognized that the yield of spring reduction in the area south of 2013 was 2,655 km per 10a, and it is confirmed that the yield of spring reduction cultivated by the Plaintiff A to the pot seeds provided by the Defendant is the same quantity.

Ultimately, the 10,524ma (i.e., 91a x 2,655km/10a ± 25 km and less than 30,000 won (i.e., 10,524 x 12,500 won) are 131,50,000 won (i.e., 10,524 x 12,500 won).

Meanwhile, from the above cultivation price, Plaintiff A’s KRW 18,900,000 (i.e., 540 max 35,000) should be deducted from the seed price for capital reduction. The Defendant’s advance payment is an advance payment for capital reduction.

arrow