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(영문) 대전지방법원논산지원 2020.06.25 2019가단21685
채무부존재확인
Text

1. The term of the agricultural product sales contract concluded on May 16, 2019 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On May 16, 2019, the Plaintiff entered into a sales contract with C, the Defendant’s agent, with the content that: (a) the vinyl D located in Chungcheongnam-do, 70 meters (based on 100 meters); (b) the vinyl E located in Cheongnam-do, Chungcheongnam-do; (c) six (100 meters base); and (d) the vinyl D located in Cheongnam-do, 50 million won (based on 100 meters), to sell all the swimming houses located in F located in the Cheongnam-do, Chungcheongnam-do, Cheongnam-do, to 90,220 million won (hereinafter “instant sales contract”).

B. On May 16, 2019, the Defendant paid down payment of KRW 30,22 million to the Plaintiff on the day of May 16, 2019, and the remainder of KRW 60 million on June 4, 2019 and KRW 20 million on June 10, 2019, in accordance with the fixed date of swimming shipment;

6. On 20.20, 200 million won was each paid, and there was a special stipulation that “humbling is more than 7 km and not less than 7 km.” The seller agreed that “in the event of a breach of a mutual contract between a medicine, the seller shall compensate for the down payment two times and the contract shall be null and void.”

C. On June 4, 2019, the Defendant rendered a decision that the Plaintiff could not supply the goods prior to the payment of heavy gold with normal goods, although it inspected the growth and disease of the goods prior to the payment of heavy gold, it could not supply them with normal goods that have revealed considerable problems. Accordingly, the Defendant issued a certificate of the content that “the termination of the contract and the return of the down payment of KRW 30,200,000,000 and the payment of KRW 30,200,000,000,000 for physical damage

On June 5, 2019, the Plaintiff was agreed upon by the Defendant.

6.4. Being sent a certificate of content that the instant sales contract was rescinded on the ground that the agreed amount was not paid in KRW 20 million and that the said contract was not followed.

[Ground of recognition] Facts without dispute, Gap evidence 1, 6 evidence, Gap evidence 11-1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is between the defendant and the defendant.

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