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(영문) 대전지방법원 2015.10.16 2015나102536
약정금
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

Basic Facts

The plaintiff is a ginseng cultivation business operator, and the defendant operates H 1 (hereinafter referred to as "Defendant's store") in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and has been maintaining transaction relations with the plaintiff for more than 10 years.

On September 16, 2013, the Plaintiff owned the said ginseng to request the purchase and sale of 5,700 ginseng cultivated by the Plaintiff at the Defendant’s store. However, in light of the situation at the time of the above ginseng, it is difficult for the Defendant to sell it for retail, and it is possible to sell it to the large and large ginseng through the G mediating ginseng transactions at the request of the large and large ginseng (hereinafter “large and large ginseng”), and on the same day, it is difficult to confirm ginseng from large and large ginseng on the same day.

On the same day, the Plaintiff stored the said ginseng in the Chungcheongnam-gun C (hereinafter referred to as the “instant warehouse”) located in Chungcheongnam-gun, Chungcheongnam-gun (hereinafter referred to as the “instant warehouse”), and received a certificate of confirmation under the name of the Plaintiff.

On September 17, 2013, the Republic of Korea: (a) visited the warehouse of this case on September 17, 2013, and confirmed part of the ginseng of this case with Defendant, G, etc.; (b) estimated the sale price of the ginseng of this case at a level of KRW 1400,000,000 on the same day; (c) caused 4 gamblings on the same day; and (d) after the end of the estimated vacation, the Republic of Korea accepted the remaining ginseng on September 23, 201

On September 21, 2013, the Plaintiff’s ASEAN, around September 21, 2013, carried out from the warehouse of the instant case 2 GY, which had not been in good condition at the Defendant’s request, and drafted a calculation table setting forth the approximate total price of the warehouse manager of the instant case and the instant ginseng as KRW 104,339,334.

The Republic of Korea, on September 23, 2013, carried the ginseng of this case stored in the warehouse of this case, and as a result, confirmed the status of the ginseng of this case and sought to request the Plaintiff through the Defendant to allow the reduction of the purchase price after checking the status of the ginseng of this case, since the status of the ginseng of this case is not good.

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