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(영문) 전주지방법원 2020.08.12 2019가단17418

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. In order to promote the sound development of the original industry, the Defendant is an incorporated association with the aim of contributing to improving the economic and social status and promoting the welfare of persons engaged in the original industry by obtaining mutual cooperation among its members and improving the original knowledge and skills related to originals, and enters into a contract for the purchase and supply of originals with the original breeding company at home and abroad, and supplies originals to its members, etc.

The plaintiff is the defendant's member.

B. According to the Defendant’s “Operational Rules on the Supply and Demand of Original Originals”, an enterprise which wishes to obtain the original fats shall file an application with the Defendant for the quantity of the original fats required for the following year by the end of May each year (Article 7). The Defendant’s Operational Committee on the Supply and Demand of Original Originals shall deliberate on the quantity of the application and allocate the annual and monthly supply quantity for each enterprise for the following year (Articles 5 and 10). The Defendant shall notify the applicant of the plan to supply the original fats by June 30 of the following year through consultation with the original fats company (Article 11), and the fats purchasing company shall pay the original fats to the Defendant at least six weeks prior to the sale thereof, and shall pay the amount of the fats allocated, and shall not be cancelled

(Articles VIII and IX). (c)

On October 31, 2017, the Defendant held a meeting of the Original Supply and Demand Management Committee to determine the quantity of original 2018 to the company that applied for purchase of original s including the Plaintiff, and provided the Plaintiff with 10,000 number of original 10,000 of the original spawn (hereinafter “instant allocated spawn”) on January 4, 2018.

On December 29, 2017, the Plaintiff paid KRW 80,000,000 to the Defendant for the supply of the instant allocated originals, as well as KRW 10,000,00,00 for the official fees, and KRW 100,000 for self-help,00,000 for the Defendant.

E. Meanwhile, even before the second half of 2017, a highly pathogenic influenza (hereinafter referred to as "AI") occurred in the region.