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(영문) 춘천지방법원원주지원 2014.05.29 2012가합3056
손해배상(기)
Text

1. Defendant D’s KRW 263,927,985 as well as 5% per annum from December 30, 2012 to May 29, 2014.

Reasons

Basic Facts

On April 27, 2010, Defendant B sold approximately KRW 430,000 (hereinafter “instant pine trees”) planted on the land E and F in prime city E and F (hereinafter “instant pine trees”) to Defendant C and D for KRW 350,000,000.

On April 28, 2010, Defendant C and D sold the instant pine trees to the Plaintiff at KRW 375,000,000 (hereinafter “instant sales contract”). The Plaintiff paid the said Defendants the down payment of KRW 20 million on the same day, and KRW 300,000 out of the remainder payment around June of the same year.

On June 16, 2010, the other party to the contract sold part of the instant pine trees to the landscape gardening companies listed below (hereinafter referred to as “instant landscape gardening companies”) on June 16, 2010 on June 16, 2010, the sum of KRW 163,000,000,000, in the amount of KRW 182,555,000, in total, KRW 25,000,000 on June 16, 2010.

On June 18, 2010, Defendant B and C drafted to the Plaintiff a letter stating that the Plaintiff will be held liable for all civil and criminal responsibilities in the event of a problem with the extraction, transportation, and removal of the instant pine trees.

According to the instant sales contract, the Plaintiff commenced to excavate and remove the instant pine trees and supply them to the relevant landscaping company, and from July 12, 2010 to the same year.

8.2. Until February, G asserted that “the purchase and planting of the instant pine trees by inserting money together with Defendant B, and Defendant B disposed of it independently,” and that Defendant B obstructed the extraction of pine trees by blocking the transport passage of the instant pine trees and preventing freight cars from passing.

G was prosecuted for committing the crime of interference with the above business, and was sentenced to a judgment of conviction of a fine of KRW 2 million by the Chuncheon District Court 2012No683 on November 20, 2013, and the final appeal is currently pending due to G’s appeal.

The plaintiff shall pay the purchase price in the name of the company in the amount of KRW 11,400,00,000 paid to the plaintiff, which is KRW 77,00,000,000,000,000,000,000 shall be 90,000,000,000,000.

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