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Reasons
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(영문) 수원지방법원성남지원 2013.01.18 2011가단49836
위약금
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1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On February 10, 201, the Plaintiff entered into a contract with the Defendant to cultivate spring in a dry field of approximately KRW 56,600,00 in Yongnam-gun, Yongnam-gun, and sell it in KRW 33,60,00, under his/her responsibility, and paid KRW 168,00,000 out of the purchase price, including down payment of KRW 10,000,00,000, to the Defendant. 2) Since then, the Defendant cut spring in the dry field of Jeonnam-gun, Yongnam-gun, and completed that cultivation on May 201, and the Plaintiff did not release spring cultivated by the Defendant.

B. On March 30, 201, the Plaintiff entered into a contract with the Defendant to cultivate spring drillings at approximately KRW 12 million in a dry field of approximately KRW 17,00 in Yongnam-gun, Yongnam-gun, under his/her responsibility, and to sell them at KRW 12,00,00, and paid a down payment to the Defendant. 2) On May 28, 201, the Plaintiff sent a two-half truck truck cultivated by the Defendant under the said contract.

C. On August 20, 201, the Plaintiff entered into a contract with the Defendant to cultivate B/L in a dry field of approximately KRW 52,500,00 in the Jeonnam-gun, Jeonnam-gun, and sell it to the Defendant for KRW 11,00,00,00, under his/her responsibility. 2) Subsequent to the Defendant, the Defendant sold B/L in the dry field of F/L in the Jeonnam-gun, Jeonnam-gun, and completed the cultivation on October 201, but the Plaintiff did not sell B/L cultivated by the Defendant.

At the time of entering into each of the above contracts, the Defendant agreed to compensate the Plaintiff for the amount of the down payment if the contractual obligation is not fulfilled.

[Ground for Recognition: Facts without dispute, Gap evidence 1-1 and 2, purport of the whole pleadings]

2. The parties' assertion

A. The plaintiff's assertion 1 is that the defendant cultivated at the dry field of 5,600 square meters in spring and 5,000 square meters in the case of Eul, and agreed to ship it to the plaintiff.

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