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(영문) 대구지방법원 2015.12.02 2014나22633
계약재배대금
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the funds ordered to be paid below shall be revoked.

Reasons

1. The parties' assertion

A. The Plaintiffs asserted 1) The primary assertion and the Defendants: (a) the agreement was concluded between the Plaintiff and the Defendants that “if the Plaintiff were to cultivate the seeds of the seeds offered by the Defendants on the size of approximately 4,000 square meters, the Defendants harvested them and paid KRW 5,000 per square year to the Plaintiff at the price, and paid KRW 4,000 per square year at that price, and in the case of chest farming, the Defendants guaranteed KRW 2,500 per square year at that price.” In accordance with the agreement on the cultivation of the above house, the Plaintiff A cultivated each house at KRW 2,108, and the Plaintiff B at KRW 1,918, respectively, at KRW 7,378,00 (i.e., KRW 2,108 x 3,500). The Defendants jointly and severally seek for the payment of the amount calculated as KRW 3,500 per square year below the amount under a contract for the prompt payment of the amount under consideration.

(2) Even if there was no agreement between the Plaintiffs and the Defendants on the above-mentioned contract cultivation, the Defendants provided a legitimate expectation and trust that the contract was concluded between the Plaintiffs, and even if they acted in accordance with the trust given by the Defendants after the Plaintiffs completed the cultivation of garry, the Defendants asserted that they did not refuse or refuse the conclusion of the contract, thereby causing damage to the Plaintiffs. The Defendants are liable to compensate for damage in the course of the conclusion of the contract that they sustained.

The scope of liability recognized in the course of concluding a contract is trust damage, and in this case, 53,58 won for management expenses per 10a of put and put in put and receive put and receive put and receive put and receive put and receive put and receive put and receive put and receive put and receive put and receive put and receive put and receive put and receive put and receive put and receive put and receive put and receive put and ask for 10a shall be about 302.5%, and 3,718,358 won (=2,108 square ± 302.5 square x 53,588 won), and damages suffered by the Plaintiff B are 3,383,212 won (=1,918 ± 1,918 ± 302.5 x 53,588 won)

B. The Defendants asserted that the Defendants were to enter into an agreement with the Plaintiffs for the acceptance of a house.

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