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(영문) 대전고등법원 2019.11.20 2019나13276
매매대금반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The plaintiff is a person who runs landscaping business and tree brokerage business under the trade name called "V (the trade name corporation C and the name of the business operator after the change is called the plaintiff's wife), and the defendant is a representative director X corporation, and is a person who is engaged in landscaping facilities and plant planting business.

1. Number, time and location: The total number and quantity of the parcel number to be attached thereto;

2. Article 1 of the Terms and Conditions of Contract (Formation of Contract) The defendant sells the above marked trees, and the plaintiff purchases them.

Article 2 (Sales Price) The Defendant shall pay the Plaintiff the purchase price as follows:

The remainder of the payment of the down payment of KRW 500,000,000 for down payment of KRW 200,000,000 on April 20, 2012 and the intermediate payment of KRW 100,000,000 on April 30, 2012 / [Attachment] the payment on June 30, 2012 [Attachment] (hereinafter collectively referred to as the “instant land”) (hereinafter collectively referred to as the “instant land”), Dong-dong-si, Dongcheon-si, Dongcheon-si, Dongcheon-si, Dongcheon-si, Seocheon-si, Yancheon-si, Seocheon-dong Office, Hacheon-dong Office, Kacheon-dong Office, YAcheon-Jannam-dong Office, YAcheon-Jannam-si, Acheon-dong Office, YAcheon-dong, YAcheon-dong, Namcheon-dong, Naman-dong Office, and subsequent to the end.

B. On April 20, 2012, the Plaintiff and the Defendant: (a) entered the seller as the Plaintiff and the buyer as the Plaintiff; and (b) drafted a wooden sales contract that contains the following (hereinafter “instant wooden sales contract”); and (c) written the trees, which are the subject matter of the sale, as the subject matter of the sale (hereinafter “instant trees”).

C. Around April 20, 2012, the Plaintiff entered the seller into S, who is an employee of the Plaintiff and the Plaintiff, and entered the buyer in T, with regard to trees planted on ten parcels, such as Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, in the instant trees, KRW 500,000,000 on the date of the contract, the intermediate payment of KRW 200,000,000 on the date of the contract, and the intermediate payment of KRW 200,00,000 on May 31, 2012.

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