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(영문) 대전고등법원 2015.04.17 2013나1547

채무부존재확인

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1. At the request of a change in exchange at the trial, the defendant shall obtain real estate in attached Form 1 from the plaintiff A.

Reasons

1. Basic facts

A. On May 2007, Plaintiff Onnuri Co., Ltd and Jeju Co., Ltd. (hereinafter “Plaintiff Green Co., Ltd”) entered into a contract with Plaintiff Onnuri Co., Ltd., which is engaged in the business of distributing livestock products ( milk) for the supply of milk products of Jeju Heavy Co., Ltd. (hereinafter “Plaintiff Green Co., Ltd.”) on the supply of milk products from Jeju Heavy Co., Ltd., and received the supply of milk products from Jeju Heavy Co., Ltd. (hereinafter “Plaintiff Green Co., Ltd”).

B. On December 17, 2009, the Plaintiff Onnuri and the Defendant (the major shareholder of Jeju Heavy Co., Ltd) concluded a production and sales agreement for strategic alliance (hereinafter “instant strategic alliance agreement”) with a view to promoting mutual interests through the specialization of their respective business areas. The main contents are as follows.

- - Future -

1. The objective of this Arrangement is to clarify the contractual relationship between the Plaintiff Nana and the Defendant through the specialization of the business sector, and to promote mutual benefits through the continuous operation of the business.

In particular, this Agreement is based on the collection and processing of milk products, and it is the Daejeon Agenda that focuses on the distribution of milk products and concentrate on the sale of greenhouse gas.

2. The Plaintiff Ghana and the Defendant both set up the goal of production and sales shall set the permissible size of production and supply of Jeju milk within 2010 to six tons of organic milk and ten tons of ordinary milk products, and the Defendant shall actively implement both of them to secure production basis and to take all measures for distribution of the Plaintiff or the Plaintiff.

3. Matters concerning the defendant's performance;

A. By June 30, 2010, the Defendant has secured organic milk collection farms of at least six tons a day at least a minimum of six tons per day and supplied Jeju milk-free products to the Plaintiff Onnuri.

The defendant shall observe the terms of this agreement in the country where the plaintiff had made.