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(영문) 춘천지방법원 2019.08.21 2018나52904
약정금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.

Reasons

1. Basic facts

A. On April 3, 2014, the Plaintiff entered into a business contract on the cultivation and sale of cryp bonds (hereinafter “instant contract”) with the content of supplying cyp bonds to the Defendant, after being supplied with cyp bonds by the Defendant and cultivating them.

The main contents of the instant contract are as follows.

The defendant shall provide the plaintiff with the 20,000 won per kg of the paper of debt.

Payments for the last three days or less shall be paid 2/3, and the remainder 1/3 shall be settled at the time of harvest of primary leafs.

The defendant shall supply agricultural materials (invinyl chloride), and the plaintiff shall pay the price when he is supplied by the defendant.

The actual substance is that the defendant is responsible for and sold all of the leaves and bonds produced.

The actual tax revenue shall be paid 3% to the defendant.

B. Around April 2014, the Defendant supplied the Plaintiff 1,000 kg in the third-party marriage.

C. On June 5, 2015, the Plaintiff supplied 5,220km harvested to the Defendant.

[Ground for Recognition: Unsatisfy, Entry of Evidence A No. 1, Purport of the whole pleadings]

2. Determination as to the cause of action

A. On June 5, 2015, the gist of the parties’ assertion 1) The unit price for the third party’s debt roots that the Plaintiff supplied to the Defendant on June 5, 2015 is 20,000 won/km. The Defendant is obligated to pay to the Plaintiff KRW 101,00,000 after deducting KRW 3,000,000 paid to the Defendant from the third party’s debt roots (= KRW 5,200 x 20,000) (= KRW 104,000 - 3,000,000) and damages for delay. Even if the unit price for the third party debt roots does not reach 20,000/km, an agreement between the Plaintiff and the Defendant on the settlement of accounts is to be reached between the Plaintiff and the Defendant’s three thousand (3,000 km).

B. 1) Determination 1) Whether there was an agreement on settlement of accounts between the Plaintiff and the Defendant on the settlement of accounts for the settlement of accounts, and evidence Nos. 2 and 4 respectively.

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