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(영문) 전주지방법원남원지원 2016.11.10 2014가합299
손해배상(기) 등
Text

1. Defendant B’s KRW 34,800,000 as well as 5% per annum from November 6, 2014 to November 10, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. At the time of 2011, G operated an orchard with the trade name “I” on the land outside H, 15 lots of land in the Jeonbuk-gun, Jeonbuk-gun, and an orchard with the trade name “K” on the land outside J and two lots of land respectively.

(However, the site of K is the possession of LA and G leased land from the same clan and operated K. (B).

On the other hand, around October 201, the Plaintiff, Defendant B, and Nonparty M (hereinafter “Plaintiffs, etc.”) concluded a partnership agreement with the content that the orchard located in the Jeonbuk-gun will be operated jointly, and the profits therefrom will be distributed equally, and the Plaintiff, Defendant B, and Nonparty M decided to accept the orchard after confirming that G would sell the orchard it operates.

C. Accordingly, the Plaintiff, etc. invested KRW 30 million, KRW 200 million by Defendant B, and KRW 200 million by making a contribution to the Plaintiff, and KRW 1 billion from among them, obtained a loan of KRW 500 million as security, used the land as purchase price of orchard, and agreed to use the remainder of KRW 200 million as the funds for operation of orchard.

On October 4, 2011, the Plaintiff, etc. entered into a sales contract with G and I on the purchase price of housing, warehouse, trees, facilities, agricultural machinery, etc. (hereinafter “instant sales contract”). Of the purchase price, KRW 100 million, the intermediate payment of KRW 200 million on the date of the contract, and the intermediate payment of KRW 200 million on December 5, 201, and the remainder of KRW 700 million on April 30, 201, respectively. At the time, the buyer entered into a sales contract (Evidence 1) with the Defendant having de facto marital relationship with the Defendant.

E. According to the instant sales contract, on October 4, 201, the Plaintiff et al. paid to G the down payment of KRW 100 million (the Plaintiff KRW 70 million, M 30 million, respectively) on the date of the contract, and on December 5, 2011, paid the intermediate payment of KRW 200 million (the Plaintiff’s KRW 170 million, M 20 million, and Defendant B’s KRW 10 million, respectively).

(f) N is secured by a parcel of land on March 9, 2012, which is part of the I’s land.

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