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(영문) 광주지방법원목포지원 2016.02.04 2015가단51676
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 49,465,00 and the interest rate of KRW 15% per annum from October 9, 2015 to the day of complete payment.

Reasons

1. Indication of claim;

A. On August 22, 2014, the Plaintiff and the Defendant: (a) purchased crym wave cultivated by the Defendant in the Jeonnam-gun and 27 lots above 90,000 square meters on the ground; (b) KRW 80,000,000 (the purchase price of KRW 20 million up to August 22, 2014; (c) intermediate payment of KRW 20,000,000 until October 30, 2014; and (d) purchased crym wave between the Defendant and the Defendant with the purchase price of KRW 41,00,000,000,000,000, not later than March 30, 2015; and (e) concluded a contract with the Defendant to compensate the full amount of expenses incurred at the time of cancellation of the contract, if an object is destroyed, damaged, or decreased due to the Defendant’s grave fault management.

On November 3, 2014, the Plaintiff paid 20 million won as down payment to the Defendant on the day of the contract, and the intermediate payment of 20 million won to the Defendant.

B. The Defendant is in a situation where it is difficult to harvest crops due to the fact that the Defendant did not engage in a spawalm for the remaining 2,100 square meters of 9,000 square meters of 6,90 square meters of 2,100 square meters of 2,10 square meters of 2,10 square meters of 2,10 square meters of 2,10 square meters of 20

C. The plaintiff, upon the delivery of the copy of the complaint of this case, cancelled the above contract for reasons of non-performance or non-performance impossibility, and accordingly, the defendant is obligated to compensate the plaintiff for the amount of KRW 40 million paid to the plaintiff, and the seed price of KRW 9465,00 paid by the plaintiff under the above contract for damages.

2. Article 208 (3) 3 of the Civil Procedure Act:

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