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(영문) 창원지방법원 통영지원 2018.07.04 2018가단20230
매매대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 53,936,750 and the interest rate thereon from July 5, 2018 to the day of full payment.

Reasons

1. From November 26, 2017 to November 28, 2017, the Plaintiff: (a) determined the Defendants as KRW 3,500 per kilogram and sold 2,590 to the Defendants 2,590 (hereinafter “instant digging”).

(hereinafter referred to as “instant sales contract”). [Grounds for recognition] The fact that there is no dispute, each entry of Gap evidence No. 3 (including paper numbers), and the purport of the whole pleadings.

2. Determination

A. The parties’ assertion asserts that the Plaintiff: (a) extracted the instant digging field; and (b) removed the crym crym crym cryms immediately following the extraction of the instant digging field; and (c) determined the sales amount based on the weight of the crym crym cryms

The Defendants asserted that the instant digging was to determine the purchase price based on the weight of the subsequent digging after taking the instant digging from the aquaculture and making stuffing operations (hereinafter referred to as “frighting rate”).

B. In a case where there is a conflict of opinion on the interpretation of a contract between the parties to the judgment, the interpretation of the parties’ intent should be reasonably interpreted in accordance with logical and empirical rules, comprehensively taking into account the content of the contract, motive and background of the contract concluded, the purpose

(See Supreme Court Decision 2015Da245145 Decided September 26, 2017). In full view of the following facts and circumstances, the original Defendant appears to have calculated the sales price of the instant digging in accordance with the on-site water rate, taking into account the following: (a) evidence Nos. 1, 5, and 7; (b) witness D’s testimony; and (c) witness E testimony; and (d) the court’s E-association; and (b) each fact-finding report to F Association:

(1) Even based on the result of a fact-finding inquiry into EA and F Association of this Court, there is no absolute standard in relation to the calculation of the amount of the amount of the goods sold, and farmers and gambling business operators shall determine the method of calculating the amount of the goods sold in consultation between them

The original Defendant shall prepare a separate contract with regard to the instant sales contract.

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