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(영문) 광주지방법원 2017.08.24 2016가합55242
손해배상(기)
Text

1. The Defendants jointly share KRW 182,402,60 with respect to the Plaintiff and the period from January 1, 2016 to August 24, 2017.

Reasons

1. Basic facts

A. (1) On September 6, 2013, the Plaintiff (the buyer) concluded a sales contract with Defendant C (the husband of Defendant B) on behalf of Defendant B (the husband of Defendant B) on the aggregate of KRW 300,000,000,000,000,000 for the purchase price for the soil and stones collected from the land D (hereinafter “D land”) located in the former, Newanan-Gun (hereinafter “D land”) and for E and F land (hereinafter “E land”), and for the soil and stones temporarily stored in each E and F land (hereinafter “F land”), and remitted the down payment to Defendant B on the same day.

(2) The main contents of the instant primary sales contract are as follows.

The sales contract for soil and stones (Evidence A) and the earth and stones (A. 100,000 cubic meters) collected from the marked land of the article in the sales contract for soil and stones (A. 3) and collected in addition to the above place (A. 200,000 cubic meters) and the whole of the earth and stones (A. 300,000 cubic meters in total) to be additionally collected from the above place are concluded as follows.

Article 1 (Terms and Conditions for Trading Earth and Stone and Total Amount of Sales Price) The sum of the purchase price shall be KRW 1.1 billion on condition that the purchaser bears all the expenses necessary for blasting, teas, etc. in a state of existence and takes out, subject to the condition that the purchaser takes

Article 2 (Payment of Price for Earth and Stone) (1) The buyer shall pay 5 million won to the seller as the down payment.

(2) The payment for completed portion shall be made in installments over several occasions, and the buyer shall notify the seller of the estimated quantity to be taken out at each time of taking out each time in advance and at the same time make advance payment of the price of the relevant quantity or determine the price of the G Corporation original recipient (H, I, etc.) in cases where he/she intends to directly dispose of the amount

However, where the full amount of the purchase price (1.1 billion won) is paid by adding the progress payment and the down payment, the remaining quantity may be taken out free of charge as the buyer.

(3) When a purchaser takes earth or stone entirely out of a designated place, he/she shall do so in excess of 300,000 cubic meters.

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