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(영문) 부산지방법원 2014.10.23 2013가단63406
물품대금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

Basic Facts

On February 2, 2013, the Plaintiff leased approximately 2,700 square meters (hereinafter “the instant fish plantation”) in total for the size of d, E, and F three parcels of Gangseo-gu Busan (hereinafter “the instant fish plantation”) from C, and cultivated double plantations.

On June 23, 2013 and June 24, 2013, the Defendant mobilized G et al. parts of the instant dry field, pursuant to the agreement with the Plaintiff (as seen below with respect to the content of the agreement), and shipped double drillings out, pursuant to the agreement with the Plaintiff, the Defendant informed the Plaintiff that the remaining profits remaining after deducting expenses, such as personnel expenses, cost of purchasing and transporting nets for the double drillings, from the proceeds sold to the Plaintiff immediately after shipping, were KRW 972,672.

The plaintiff filed a complaint with the defendant in Busan District Prosecutors' Office (Seoul District Prosecutors' Office 2013 punishment No. 59004), and the summary of the accusation is that the defendant, although the defendant did not have any intention or ability to pay the price, he/she would purchase the 6 million won cultivated by the plaintiff on the total of 18 million won per parcel (6 million won x 3 lots) and then by using the 24th of June of the same month as that of June 2013, he/she acquired the 18 million won by deceiving the 5 ton of the 10 ton of the 5 ton of the 10 ton of the 10 ton of the 18 million won.

With respect to the above case, the prosecutor's office did not clearly specify the disposal price of the double plantation; the defendant refused to purchase the whole double plantation of the two dry field of this case at KRW 9 million and also recognized that the plaintiff refused to purchase it; the defendant's assertion by the defendant (it is limited to the extent of KRW 1,00,000,000,000,000,000 after shipping the double plantation, and some of the reasons for sale after delivery to the Busan village market are due to the small market in Busan) is proved by the data submitted; there is no evidence to acknowledge the defendant's suspicion of fraud; there is no evidence to prove the defendant's fraud between the plaintiff and the defendant; and there is considerable reason to dispute in the civil procedure as a matter of only the settlement of money between the plaintiff and the defendant.

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