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(영문) 전주지방법원 2017.10.27 2016가단36210
손해배상
Text

1. From March 30, 2016 to January 5, 2017, Defendant B’s KRW 75,000,000 for the Plaintiff and KRW 5% per annum from March 30, 2016 to January 6, 2017.

Reasons

1. Basic facts

A. On February 2, 2016, Defendant C entered into a sales contract with Defendant B, setting the purchase price of KRW 82,50,000,00 for Jeonbuk-do, H, I, J, K, K, L, M, N-based pine trees (hereinafter “instant pine trees”).

Defendant B paid the down payment of KRW 20 million on the date of the contract, and the intermediate payment of KRW 32 million on the commencement of extraction work, and the remainder of KRW 30 million on the completion of extraction work.

B. On February 4, 2016, Defendant B entered into a sales contract with the Plaintiff to sell the instant pine trees in KRW 15 million.

On February 4, 2016, the Plaintiff paid KRW 30 million as down payment, and the remainder shall be paid before mining work.

C. On March 10, 2016, Defendant C submitted an application to verify the production of pine trees to the head of the competent Si/Gun. Defendant D, E, and F visited-gun (hereinafter “Defendant Non-Gun”) visited the local government on March 11, 2016 to verify whether the pine wilt infection was infected, and as a result, the head of the competent Gun did not discover any suspected fact of being infected with pine wilt. On March 14, 2016, the head of the competent Gun issued a certificate of confirmation of the production of pine trees to Defendant C in accordance with Article 10-2 of the Special Act on the Prevention of pine wilt Diseases, Article 5 of the Enforcement Rule of the same Act, restrictions on movement of pine trees, and guidelines for movement control.

Manufacturers: The quantity of five parcels, other than the former G G: 150 types of trees: The date of movement for landscaping (style): March 14, 2016.

D. The Plaintiff on March 15, 2016.

Defendant B paid the remainder of KRW 75 million upon receipt of the confirmation mark on the production of pine trees as indicated in paragraph, and extracted work on March 21, 2016.

However, on March 29, 2016, Defendant D, E, and F, who were public officials belonging to Defendant Unju-gun, prevented Defendant D, E, and F from extracting on the ground that the actual owner of the instant pine trees filed a civil petition, and the Plaintiff was unable to do so.

[Grounds for recognition] Gap's evidence Nos. 1 through 7, below.

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