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Reasons
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(영문) 수원지방법원 2015.09.15 2015가단109320
위약금 청구
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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. (1) On January 1, 201, D, the representative of Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) (hereinafter “Defendant Co., Ltd”), opened grain, etc. by opening “G” as a business operator of “G,” and opened grain, etc. around March 201, D, a corporation that takes over grain, etc., and operated the said company in e-mail (Dong). D closed down business on October 1, 201 and December 31, 2013, respectively.

(2) Defendant C was an employee of “G”, and around January 19, 2013, received and operated “G” from D as it is, and operated as it was, the business operator of “I” from the Defendant E (A) in Masung-si on August 19, 2013, and operated by Defendant C as the business operator of “I”.

(3) On August 5, 2013, D established the Defendant Company, which provides grain strawing, etc. in the E-dong (dong).

B. (1) On February 19, 2014, the Plaintiff entered into a grain sales contract with Defendant C (hereinafter “instant First Sales Contract”) with the name of “J” and “K,” and the key content thereof are as follows.

The Plaintiff and Defendant C agreed to sell 2013 200 g of rice, the Plaintiff’s ownership (place of origin: Gyeonggi-do) at KRW 60,500 per 40 km ( approximately 350 metric tons), and they conclude this contract.

1. Defendant C pays 30 million won to the Plaintiff as the down payment on the day of the contract, and the Plaintiff shall receive it regularly.

2. The period for the transfer of grain shall be from March 3, 2014 to May 30, 2014;

3. Defendant C shall remit to the Plaintiff the amount measured by the truck stop day for the steering valley delivered by the Plaintiff.

6. The plaintiff and the defendant C shall compensate the plaintiff for the amount of the down payment at the time of the termination of this contract, and the defendant C shall lose the down payment.

(2) On February 19, 2014, Defendant C paid 30 million won the down payment under the instant sales contract to the Plaintiff.

C. (1) On March 24, 2014, the Plaintiff entered into a contract for the second sale of grain with the Defendant Company (hereinafter “instant contract for the second sale of grain”). The key contents are as follows.

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