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(영문) 서울북부지방법원 2019.04.10 2018가단113260
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On August 10, 2017, the Plaintiff purchased dry field 20,000 square meters from the Defendant for dry field 2,000 square meters, located in the area of Jeonnam-gun C, Nam-nam, and received them by the end of February 2018. Of that, the Plaintiff concluded a sales contract with the Defendant to cultivate and deliver dry field 1,00 square meters for Kim Jong, while the remaining dry field 1,000 square meters for dry field 1,00 square meters for dry field and the monthly dry field 1,000.

(hereinafter. The Plaintiff paid KRW 20,000,000 to the Defendant during the period from August 10, 2017 to November 25, 2017.

On November 25, 2017 and December 2, 2017, the Defendant harvested up 800 to 6,600 to the Plaintiff from 1,00 to 80 to 1,000 to deliver to the Plaintiff. At that time, the Plaintiff agreed that the remainder of 200 to 10 to 200 to 20 to 20 to 20 to 20 to 20 to 30 to 20 to 2 to 2 to

On February 2, 2018, the defendant disposed of a dry field for wintering at the end of the end without harvesting it.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 2 through 4, and 6 (including each number), part of the party's personal examination result against the defendant, plaintiff Nos. 1 as to the purport of the whole pleadings, and the plaintiff's judgment as to the plaintiff's assertion. At the time of the contract of this case, at the time of the contract of this case, the plaintiff agreed to receive 20,000 renunciations produced from the defendant from dry field Nos. 2,00, and only received 6,600 renunciations from the defendant, and did not receive the remainder, the defendant asserts that the defendant is liable to compensate the plaintiff for damages due to the defendant's default.

As to this, the defendant asserted that at the time of the contract of this case, he only delivered a ship of dry field 2,00 square meters to the plaintiff, and that he did not agree on the specific quantity.

Therefore, we examine whether at the time of the instant contract, the Defendant agreed to designate the quantity as the waiver of 20,000 regarding the distribution to be delivered to the Plaintiff by the Plaintiff.

Domins, Gap evidence Nos. 2, 6, and 12.

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