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1. As to the Plaintiff KRW 153,080,00 and KRW 63,080 among them, the Defendant shall start from November 1, 2017 to August 22, 2019.
Reasons
1. Basic facts
A. On September 28, 2017, the Plaintiff and the Defendant entered into a contract for crop cultivation (hereinafter “instant contract”) with the Plaintiff to purchase KRW 400, middle class 250, and lower class 150 as indicated in the attached Form, if the Defendant cultivated chip in 26,000 in Naju and Young Cancer area.
B. On September 29, 2017, the Plaintiff paid KRW 20 million to the Defendant as part of the down payment, and KRW 21.6 million to the remainder of the down payment on October 16, 2017. The Plaintiff paid KRW 20,1480,000 to C as the seed price stipulated in the instant contract.
C. The Defendant sold a double wave cultivated under the instant contract to a third party, such as D, not the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 5, and 7, the purport of the whole pleadings
2. The assertion and judgment
A. The Defendant asserted that the Plaintiff’s assertion should deliver to the Plaintiff a chip cultivated in accordance with the instant sales contract, but sold all of them to the third party.
Accordingly, since the instant sales contract was impossible to perform due to the Defendant’s fault, the instant sales contract was cancelled, and the Defendant is obligated to pay the Plaintiff damages for delay after each payment day (=21,480,000 won for down payment = 41,600,000 won (=20,000,000 won)) and each payment day thereafter.
In addition, the Defendant is obligated to pay 142,506,00 won (=23,400 net x 0.9 per square meter x 0.90 won (i.e., 14,490 won per network wholesale - 14,490 won per network) (i.e., 14,40 won per network wholesale - 8,400 won per network) which was the amount of compensation for damages suffered by the Plaintiff due to the cancellation of the instant sales contract, i.e., the amount equivalent to the performance profit, i., the amount of the purchase price that the Plaintiff shall pay to the Defendant from June 1, 2018, which was the market price of the two-waves.) and damages for delay from July 1, 2018.
B. The Defendant’s assertion was revoked by agreement around May 2018.