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(영문) 수원지방법원여주지원 2015.04.02 2014가합1859

정산금

Text

1. The Defendant’s KRW 414,342,702 as well as 6% per annum from December 27, 2012 to August 11, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation specializing in the processing and distribution sales of agricultural products, and the Defendant is a sama producer specializing in the sama cultivation by leasing a dry field in the Yaju City.

B. On November 8, 2010, the Plaintiff and the Defendant entered into an agreement to cultivate the field of 50,000 square meters in the field of YY C with the Defendant, and the main contents of the said agreement are as follows.

Article 4 (Terms of Contracts)

A. The work at Postings shall be selected and stored in the line under the responsibility of the defendant.

B. The defendant shall deliver the contracted quantities and the total meat harvested to the plaintiff.

(including paper)

(c) excluding consultations, where it is deemed that there is no storage due to packing management and weather defective;

In principle, non-specified goods, other than mutually agreed fixed goods, shall not be the price.

(hereinafter omitted) Article 5 (Settlement of Payments)

A. The Plaintiff shall provide the Defendant with the full amount of the rent for the high field for the high field that the Plaintiff agreed to purchase, and shall provide the Defendant with funds as necessary for the Defendant’s financial situation.

B. The funds provided to the Defendant by the Plaintiff shall be deducted from the settlement amount of Go-gu, after the purchase of Go-gu, and the Plaintiff shall, in principle, pay the remainder to the Defendant.

C. In a case where the settlement amount of old-gu balance is small than the amount the plaintiff provided to the defendant after the purchase is completed, the defendant should pay the difference immediately to the plaintiff.

Provided, That where the defendant is immediately unable to repay, it shall be carried over to the next year and subtracted from the settlement amount for the next year.

(2) In addition, on December 1, 2011, the Plaintiff entered into an agreement with the Defendant on the cultivation of an ancient horse contract with the Plaintiff on about 10,000 square meters of dry field of several parcels, such as Innju-si D.

(In relation to the instant case, there is no difference between the main contents of each of the above agreements, and thus, it does not distinguish each of the above agreements (hereinafter “instant agreement”). (C)

The plaintiff and the defendant