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(영문) 광주지방법원 2016.02.05 2015나8502
계약금반환
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The Plaintiffs, on March 29, 2014, purchased the instant distribution order in KRW 34,200,000 from the purchase price for the instant distribution order in KRW 34,200,00 with respect to the distribution order cultivated by the Defendant at KRW 6,50,00,00, including the Defendant’s land D, Jeonnam-gun, and Jeonnam-gun, and the Defendant entered into an agreement on the distribution order (hereinafter “instant agreement”) with the Defendant to manage the remainder of KRW 14,200,00 by May 15, 2014, including the payment on the date of the instant contract and the payment on the remainder of KRW 14,20,00,000.

The Plaintiffs paid 20,000,000 won to the Defendant on the date of conclusion of the instant contract.

[Ground of recognition] Fact-free, Gap evidence No. 1, and the ground of claim for the purport of the whole pleadings are determined on the ground that the defendant's failure to faithfully perform his/her duty to manage the distribution under the contract of this case, and the product value of which has been lost to the extent that additional shipment of cultivated distribution could not be made, the plaintiffs seek the return of KRW 20,000,000, which the plaintiffs paid as compensation for damages due to the above default against the defendant.

The testimony of the witness E of the first instance trial alone is insufficient to recognize that the defendant did not faithfully perform the obligation to manage the distribution under the contract of this case, and there is no other evidence to acknowledge this differently. Thus, the plaintiffs' above assertion is without merit.

In conclusion, each of the claims of the plaintiffs in this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiffs' appeal is dismissed as it is without merit. It is so decided as per Disposition.

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