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(영문) 의정부지방법원 2017.03.03 2015가단45673
매매대금반환
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, 3, 7, 11, and 12:

The Plaintiff entered into a contract between the Plaintiff and the Defendant on August 1, 2015, and the Defendant purchased an agricultural product sales contract with the Defendant on the following occasions: (a) the sales price of KRW 50 million; and (b) the intermediate payment of KRW 15 million on the date of the contract; (c) the intermediate payment of KRW 10 million on September 30, 2015; and (d) the remainder of KRW 25 million on September 30, 2015; and (e) the sales contract with the Defendant on the agricultural product sales contract with the date of final departure as of December 31, 2015.

(2) Article 1(2) of the Terms and Conditions of the instant contract provides that the Defendant (sellers) shall pay the down payment as a part of the contract when the contract violates the contract, and the Plaintiff (Buyers) is a living thing when the remainder payment and the remainder payment date. Therefore, even if the Defendant arbitrarily disposes of the contract, a civil or criminal objection may not be raised.

Article 2 (1) The plaintiff may make a reasonable request for the collection of crops simultaneously with the payment of the balance.

② When the Defendant damages agricultural products after the contract, the Plaintiff may request the cancellation of the contract as well as the cancellation of the contract, and may request the refund of the paid contract amount.

The defendant shall be fully responsible for the management of crops until he/she completely collects crops.

Article 3 (1) All agricultural products management (e.g., binding, altered, pesticide management, and cruel ppuri management) after the contract is delivered shall be liable to the defendant, and the plaintiff's damage shall be able to pay the balance after the reduction due to negligence in management.

③ The Plaintiff did not raise any objection even at any time before the final departure date after the remainder payment.

(c).

On August 3, 2015, the Plaintiff: (a) KRW 10 million, part of the instant down payment; (b) KRW 5 million on August 10, 2015; (c) KRW 1.3 million on September 22, 2015; and (d) KRW 1.3 million on October 8, 2015.

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