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(영문) 춘천지방법원영월지원 2014.02.27 2013가합142

판매대금청구의소

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

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

Reasons

1. Basic facts

A. On April 20, 2011, the Plaintiff entered into a consignment contract with Defendant B’s agricultural partnership (hereinafter “Defendant Corporation”) with respect to the 9-year brain ginseng plant (hereinafter “instant sales contract”) and the main contents are as follows.

(A) “A”, “B”, and “B” refer to the Defendant Corporation. A summary of the product: The place of sale of D transplantd D, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun: The terms and conditions of consignment sale B in Gangwon-gun E

1. As for the above nine-year-old Earthquake ginseng, the ownership of which was cultivated by A from the voice group D in Chungcheongbuk-do, and which is owned by A, may not be claimed.

2. The selling price shall be at least that it is a disturbance for one ppuri.

3. Transplant work is to be carried out as a responsibility for A;

4.The sales commission shall be twenty percent of the selling price.

5. Eul shall calculate and adjust sales goods every week, provide Gap with the details of sales to hand-on text messages of Gap, and remit the balance of sales proceeds excluding sales commission to Gap.

6. Sales proceeds shall be deposited into the account of F (New Bank G).

7. The long-term cerebral ginseng not sold by August 15, 2013 shall be re-exploited by A.

Long-scale 30 8,200

B. On April 29, 2011, the Plaintiff transplanted brain ginseng to the forests and fields operated by the Defendant Corporation pursuant to the instant sales contract.

C. Around June 25, 2012, the Plaintiff posted an identification seal at a place deemed to have a brain ginseng at a place where it was transplanted, and the number is 978, and the number of brain ginseng confirmed by the Plaintiff and the Defendant corporation, upon participation on May 29, 2013, remains 502.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 6, the purport of the whole pleadings

2. Determination as to the claim against the defendant corporation

A. According to the Plaintiff’s assertion sales contract, the Defendant sold 6,059 of the 8,200 brain ginseng transplanted by the Plaintiff, and its selling price is KRW 50,000 per piece.