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(영문) 수원지방법원 2018.10.05 2018가단525916
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 28, 2018, the Plaintiff entered into a sales contract with the Defendant to sell KRW 80,000,000 owned by the Plaintiff, which was planted on the 3 lots of land, to the Defendant for KRW 600,000 (hereinafter “instant sales contract”). According to Article 5 of the instant sales contract, the Plaintiff shall assume the Plaintiff’s responsibility for extracting and borrowing pine trees, and there is no separate provision on the time when the Defendant should receive pine trees.

B. According to the instant sales contract, the Defendant paid the Plaintiff totaling KRW 600 million from March 28, 2018 to May 31, 2018.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the defendant purchased 80gs of pine trees from the plaintiff, and only 47gs among them, and 33gs of pine trees were additionally incurred expenses of KRW 80 million for planting 33gs of pine trees again on the wind where acceptance is delayed.

In addition, due to the delay in acceptance by the defendant, the non-party D was unable to transport the sand in the neighboring private land, and due to that, the penalty of KRW 17 million was paid on behalf of the plaintiff by the non-party D to the non-party dong branch.

Therefore, the Defendant is obligated to pay the Plaintiff damages the total amount of KRW 97 million (=80 million) and damages for delay.

B. We examine the judgment on the claim for damages equivalent to the additional food cost, the fact that the Defendant fully paid KRW 600 million to the Plaintiff, and the Defendant is liable for extracting and cutting down pine trees in the instant sales contract, and the fact that the instant sales contract did not provide for the time when the Defendant receives pine trees, as seen earlier.

Then, the defendant is the plaintiff.

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