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(영문) 의정부지방법원고양지원 2017.06.22 2016가단24270
손해배상(기)
Text

1. The Defendant: (a) KRW 18,00,00 for Plaintiff A; (b) KRW 17,500,000 for Plaintiff B; and (c) each of them, from January 15, 2014 to November 2016.

Reasons

Comprehensively taking account of the respective descriptions and the overall purport of the arguments in Gap evidence Nos. 1 through 5 (including the number of pages), the defendant, which established and operated Eul, may obtain the yield promised by planting and cutting the horses, etc., but may recognize the fact that "the defendant, even though he did not have the intent or ability to obtain the yield, he/she may obtain the yield once a year if he/she pays 18 million won for the entrusted cultivation cost per unit (60 square) to the plaintiffs, he/she may harvest 3 and 4 times a year, and he/she may obtain 1,200-1,50 g for each piece of harvest, so that he/she may obtain 1,200-1,50 g for each piece of harvest." On January 15, 2014, the defendant, who established and operated Eul, may obtain from the plaintiff 18 million won, B, and 175 million won from the plaintiff 1,750,00 respectively.

According to the above facts of recognition, the defendant is obligated to pay the plaintiff A with 18 million won, 17.5 million won for each of them, and 5% per annum as prescribed by the Civil Act from January 15, 2014 to November 29, 2016, which is the delivery date of a copy of the complaint of this case, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. Thus, the plaintiffs' claims are justified.

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