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(영문) 춘천지방법원 2018.07.11 2017가단50320
약정금
Text

1. The Defendant’s KRW 6,577,00 and the following day shall be 5% per annum from June 6, 2015 to July 11, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On April 3, 2014, the Plaintiff and the Defendant concluded a contract with the effect that, for the cultivation and sale of third-party bonds, the Plaintiff supplied a close service from the Defendant and supplied and sold them to the C market, etc., and the Defendant again supplied and sold them to the C market, etc., and then deducted the remainder of revenues from less than 3% (hereinafter “instant contract”).

The defendant shall be supplied to the plaintiff with the 20,000 won per kg of the seed, and the value of the seeds shall be paid 2/3 of the total amount within three days, and the balance 1/3 shall be settled at the time of harvest of the primary leafs.

When the defendant supplies agricultural materials (invinyl chloride) and supplies the value, the plaintiff shall pay it in full.

The defendant shall be responsible for and sold all of the leafs and rootss of the produced vegetable products.

3% of the revenue shall be paid to the defendant.

B. On April 2014, the Plaintiff received KRW 14 million from the Defendant pursuant to the instant contract, and paid KRW 14 million to the Defendant.

(c) It is not easy for the media to report and sell articles that are negative to the accounting books on July 2014.

The defendant requested the plaintiff to postpone the delivery. D.

The Plaintiff, in the vicinity of the above species received from the Defendant, constructed an unnecessary ppuri 25 cm well, supplied 42 km to the Defendant, and supplied 5,220 km to the Defendant on June 5, 2015.

E. The Defendant: (a) KRW 3 million on May 17, 2016, as the cost of storing air conditioners, to the Plaintiff; (b)

8. 31. 31. 3 million won was paid as the price for the above three-way roots.

F. On December 22, 2016, the Defendant made a request to the Plaintiff for an agreement by setting up a letter of non-performance with a content of adjusting the price of a bond roots of KRW 4,000 per Kg.

[Grounds for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 2, 4, 5, the purport of the whole pleadings]

2. Judgment on the parties’ assertion

A. The plaintiff's assertion is unilaterally to supply vegetables harvested by the plaintiff without any justifiable reason.

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