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(영문) 춘천지방법원강릉지원 2017.11.14 2016가합50873
물품대금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 83,950,000 among them and KRW 60,000,000 among them, the Defendant (Counterclaim Defendant) shall have the effect on January 19, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is engaged in a farming and fishing industry while residing in Samyang-si, and the Defendant operates agricultural and fishery products processing and sales business.

B. On March 2015, the Plaintiff concluded a contract with D (a prior to being employed as Defendant’s employee, known to the Plaintiff while engaging in transactions with the same content as the Plaintiff in the instant case) on an oral basis with “a contract under which the Plaintiff cultivated a worship in each of the cultivated land of 12,00 square meters and 10,000 square meters for fixed-line E (hereinafter “C”), and that the Defendant would purchase a cultivated worship for KRW 450 won per km.”

(hereinafter “instant sales contract”). C.

In relation to the instant sales contract, the Plaintiff and D drafted each sales contract (referring to the standard form under the Act on Distribution and Price Stabilization of Agricultural and Fishery Products) on the 12,000 square meters and 10,000 square meters of the instant arable land around June 2015, and the main contents thereof are as follows: (a) sold on May 24, 2015 and shipped on July 25, 2015 (the contract deposit amount of KRW 20,000,000) and shipped on July 20, 2015 on the 10,000 square meters of the instant arable land.

(Contract Amount of KRW 5,00,000) is. D.

The Defendant paid to the Plaintiff KRW 12,00,000, respectively, KRW 10 million on April 23, 2015, and KRW 10 million on June 25, 2015.

E. However, the Plaintiff was unable to stop a farmer due to health reasons, and requested D to grant shipment time for the above 12,000 square meters. D also agreed to set the final shipment time on September 20, 2015, as well as the 12,000 square meters.

F. Accordingly, the Plaintiff sweed down all the fryings on the above 12,00 square meters and 10,000 square meters (the Plaintiff sweed out the frying of the sweed from the ground to the dry field). Of September 2015, the Plaintiff sweed down the 12,00 square meters and the above 10,000 square meters in total and 22,000 square meters in total.

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