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(영문) 광주지방법원 해남지원 2018.06.12 2017가단619
약정금(위약에 의한)
Text

1. The Defendant’s KRW 38,001,00 and KRW 30,000 among the Plaintiff’s KRW 5% per annum from August 9, 2016 to June 12, 2018.

Reasons

1. Facts of recognition;

A. On August 9, 2016, the Plaintiff and the Defendant concluded a so-called Pool sales contract with the effect that the Defendant would grow in his dry field and sell the seeds to the Plaintiff, if the Plaintiff supplied the Defendant with the seeds, etc. necessary for culture of distribution (hereinafter “instant Pool sales contract”).

B. Based on the instant sales contract, the Plaintiff paid KRW 30 million to the Defendant on the day of the contract as the advance payment.

C. In addition, from the time of the conclusion of the instant distribution sales contract to the time of the date in which the Plaintiff paid KRW 8,001,00,000 in total as the cost necessary for the Defendant to cultivate drilling pursuant to the instant distribution sales contract (i.e., plastic seeds of KRW 1,615,00 that the Defendant supplied to the Defendant for KRW 1,615,00,000, which was supplied to the Defendant for KRW 1,386,000 in vinyl 1,615,000).

On December 31, 2016, the Plaintiff and the Defendant negotiated negotiations to determine the price of a ship cultivated by the Defendant according to the instant sales contract. The difference between the price that the Plaintiff intended to purchase and the price that the Defendant intended to sell is too much so so that they did not reach an agreement.

E. On January 20, 2017, the Defendant sold to the third party a spawn of seeds cultivated from the Plaintiff to the seeds supplied by the Plaintiff in accordance with the spawn sales contract of the instant case.

[Ground of recognition] The facts without dispute, Gap evidence 3 (including provisional number), witness C, and D's partial testimony, Eul evidence 5 and 7, and the result of this court's order to submit financial transaction information to the North Korean Agricultural Cooperative, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant sales contract conditioned that the Defendant would sell to the Plaintiff the worship cultivated from the Plaintiff to the seeds supplied by the Plaintiff, and the agreement between the Plaintiff and the Defendant on December 31, 2016 is not reached.

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