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(영문) 전주지방법원 2020.06.04 2019나4567
계약금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The defendant.

Reasons

1. The seller of basic facts: The seller’s location of the Plaintiff: The Plaintiff’s variety C (1,500 square meters): The total purchase price on November 15, 2016: KRW 13.5 million: The remainder of KRW 7 million (payment date: December 5, 2016: April 20, 2017): 6.5 million (payment date): the date of shipment on June 20, 2017).

On December 1, 2016, the Plaintiff entered into a sales contract for the distribution of agricultural products (hereinafter “instant contract”) with the content that the Defendant would produce high wave in the land located below (hereinafter “instant land”) and sell to the Plaintiff as follows:

B. On December 5, 2016, pursuant to the instant contract, the Plaintiff paid the down payment of KRW 7 million to the Defendant (2.70,000,000,000,000 to D who arranged the instant contract, as a referral fee, and directly paid only the remaining KRW 6.73,00,00 to the Plaintiff).

C. In accordance with the instant contract, the Defendant cultivated a large wave from the instant land, and sprayed an agrochemical on a large wave during cultivation at the Plaintiff’s request on April 2017, 2017.

The Plaintiff did not pay the balance on April 20, 2017, which is the date of the payment of the remainder under the instant contract, and requested the Defendant to take out of the land of this case, which was cultivated, but the Defendant rejected the Plaintiff’s request.

E. On June 15, 2017, the Defendant sent to D a written statement to the effect that “In the event that the payment date of the remainder under the instant contract (as of April 20, 2017) was too high, the Plaintiff did not pay it, and the Defendant, on the instant land, ought to gather fry for rice farmers after taking the remainder out of the instant land, so if the remainder is not paid by June 16, 2017, he/she would arbitrarily dispose of the difference on the ground of the instant land (hereinafter “the Defendant’s written statement”).

D A around that time, the above notice was served, and the above notice was sent to the Plaintiff three to four days after that date.

F. The Plaintiff received the Defendant’s written notice of content D, and on July 6, 2017, to the Defendant.

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