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(영문) 광주지방법원목포지원 2019.02.20 2017가단51663
매매대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. On March 18, 2017, the Plaintiff’s assertion entered into a contract with C for the purchase of large-scale high-frequency 9,5 million won in the form of electric trade among nine parcels (83,02 square meters) located on the ground that were cultivated by C with C on March 18, 2017, the Plaintiff agreed to pay KRW 24 million to C in the event that the Plaintiff is unable to harvest all large-frequency by April 20, 2017.

(2) On April 12, 2017, the Plaintiff entered into an oral contract with the Defendant to sell a large amount of money for KRW 20 million (hereinafter “instant contract to sell the large amount of money and KRW 20 million (hereinafter “instant contract to sell the money and KRW 1856,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000,

However, on April 17, 2017, the Defendant expressed his intention not to purchase the instant wave, and did not harvest it, and C extracted all of the instant wave in order to newly engage in the instant wave around April 2017.

Ultimately, the instant sales contract cannot be executed due to a cause not attributable to both parties during the period of receiving the Defendant, a creditor, so the Defendant is obligated to pay the Plaintiff KRW 20 million according to Article 538(1) of the Civil Act.

In addition, as the Defendant did not harvest the instant wave until April 20, 2017, the Plaintiff suffered damages for which KRW 24 million should be paid to C, and the Defendant also knew of the fact that the agreement for the penalty of this case was entered into, and thus, the Defendant is liable to compensate the Plaintiff for damages equivalent to KRW 24 million.

Therefore, the defendant is obligated to pay to the plaintiff 4 million won (=20 million won) and damages for delay.

B. The Plaintiff’s assertion was concluded between the Plaintiff and the Defendant.

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