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(영문) 춘천지방법원강릉지원 2016.05.03 2015나2260
해약금
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 first instance court.

Reasons

1. Basic facts

A. The conclusion of a contract for the purchase and sale of agricultural products and the Plaintiff’s remainder 1) The Plaintiff cultivated from the Defendant around April 17, 2015 at approximately KRW 1,300 on the ground that the Defendant cultivated from the Defendant around April 17, 201 (hereinafter “instant inter-wave”).

(1) The agreement to purchase KRW 8,500 per square year and to pay the down payment of KRW 4,000,000 on the date of the contract, and the remainder on May 10, 2015 (hereinafter “instant sales contract”) (hereinafter “instant sales contract”).

(2) On the date of the contract, the Defendant paid KRW 4,00,000 to the Defendant on the date of the contract. (2) In the instant contract, where either of the parties intends to terminate the contract, the Defendant shall pay twice the amount of the down payment, and the Plaintiff may waive the down payment already paid and terminate the contract (hereinafter “instant provision”).

3) Even after the lapse of May 10, 2015, the remainder payment date, the Plaintiff did not perform or provide performance of the remainder payment. (b) The Plaintiff and the Defendant discussed the Nonparty C, who arranged the instant sales contract on May 11, 2015, together with the Nonparty C about the condition of the smallest situation and the reduction of the purchase price, but the Plaintiff demanded the reduction of KRW 6 million, and the Defendant did not reach an agreement upon mutual agreement.

2) On May 13, 2015, the Defendant sent a certificate to the effect that if the payment of the balance remains delayed, it is difficult to manage the growth of the two-wave of this case to the Plaintiff, the instant two-wave may be arbitrarily disposed of to another person. Around that time, the Plaintiff reached the Plaintiff. 3) Even thereafter, the Plaintiff did not provide the payment or performance of the balance pursuant to the instant sales contract, and the Defendant is difficult to continue managing the two-wave of this case to the Plaintiff on May 21, 2015.

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