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(영문) 춘천지방법원강릉지원 2019.04.23 2018가단31213
매매대금
Text

1. The Defendant: (a) KRW 38,400,000 and the Plaintiff’s annual rate from July 5, 2018 to April 23, 2019; and (b) April 24, 2019.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion was made with the Defendant by calculating KRW 6,00 per square meter on the distribution of approximately KRW 30,00 of the dry field 27 pieces in Gangseo-si C, Gangnam-si, and concluded a cultivation contract with the Defendant. The Plaintiff sold to the Plaintiff a distribution shed cultivated at KRW 1700 square meters in Gangseo-si D dry field 1700.

The defendant sold 10,00,000 won on behalf of the plaintiff and received 75,00,000 won.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 180 million, KRW 11 million, KRW 11 million, KRW 75 million, and KRW 266 million, in total, KRW 156 million. As the Defendant paid KRW 156 million, the remainder of KRW 11.4.6 million and delay damages are liable.

B. The Plaintiff and the Defendant calculated approximately KRW 6,00 per square meter for about KRW 30,00,00, and entered into a cultivation contract; the Plaintiff sold to the Defendant a 1700-ced dry field; the Defendant’s sales of a 1,500-cry field to the Defendant; and the Defendant’s sales of the Plaintiff’s 75,00-cry field was not in dispute between the parties, or the Defendant’s sales of KRW 75,00,00,000

However, the Plaintiff’s assertion that the Plaintiff completed the cultivation of KRW 30,00 in excess of KRW 180,000 and KRW 10,000,000 as the completion area of cultivation recognized by the Defendant, but the Plaintiff’s assertion that the sales amount of KRW 11,00 is KRW 1,00,000, is insufficient to recognize it by itself, and there is no other evidence to acknowledge it.

Therefore, the Plaintiff’s money to be paid from the Defendant is KRW 18 million for a contract cultivation (=60 million for a contract x 180 million for a contract cultivation) and KRW 193 million for a contract sales proceeds, plus KRW 10 million for a contract sales proceeds and KRW 75 million for a contract sales proceeds. As such, the Defendant is obligated to pay the Plaintiff the remaining KRW 38.4 million for a contract cultivation proceeds after deducting KRW 154.6 million for a person who was paid the said money from the Plaintiff.

2. The defendant.

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