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(영문) 춘천지방법원영월지원 2014.12.11 2014가합378
계약금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The purchase price of basic facts: 150 million won (the down payment to July 21, 2000) shall be accepted and handed over the above items in consultation between both parties and the seller shall promise three times and one time of medicine until the shipment. If the down payment is made, the first-hand buyer shall compensate for the down payment.

A seller: Defendant C and buyer: Plaintiff A’s account E in the Agricultural Cooperative of Plaintiff B; F and G

A. On July 4, 2014, the Plaintiff concluded with Defendant C a contract for the sale and purchase of double plantations (hereinafter “instant contract”) located on five parcels of five thousand square meters (hereinafter “the instant dry field”) from Gangwon-gun, Gangwon-do, Gangwon-do, and agreed to ship double plantations on August 15, 2014.

B. On July 4, 2014, the Plaintiff deposited KRW 50,000,000 as the down payment of the instant contract, and KRW 1.35,00,000,00 in the Defendant Agricultural Cooperative account on July 16, 2014.

C. On July 23, 2014, the Plaintiff sent to the Defendants a written notification stating that “The Defendants did not spread fertilizers at the time pursuant to the instant contract, and did not perform the contract on three occasions or more, and did not perform the said contract on three occasions, the Plaintiff notified the Defendant B of the destruction of the sales contract on July 22, 2014 at the remainder payment site, and notified the Defendant B of the destruction of the contract in writing. According to the contract, the Defendants, the contractual party, sent the written notification stating that “The Defendants, the sum of the down payment of KRW 50 million and the penalty of KRW 50 million, shall be paid KRW 100 million.” At that time, the said notification was served to the Defendants.

On July 24, 2014, Defendant C sent to the Plaintiff the balance payment peremptory notice stating that “I would not pay any balance by July 28, 2014, if you do not pay the balance, I will notify the Plaintiff that I will sell the instant two succession at will.” The notice was sent to the Plaintiff at that time. The notice was served on the Plaintiff at that time.

[Reasons for Recognition] A. A. has no dispute, and evidence Nos. 1, 3, 5 through 7, 9.

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