손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff is the representative of Dacop franchise C, which is established on October 10, 2007 and has 70 member stores nationwide, and the Defendant is a company that engages in fishery products processing business.
On December 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Defendant, setting the deposit amount of KRW 40 million, monthly rent of KRW 4 million, and the period from January 1, 2017 to December 31, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”).
As the terms and conditions of the instant lease agreement, “C shall purchase door language at least 10 tons per month, and promise to deduct rent if the discontinuance of production continues for at least one month due to the lack of smooth supply from the Defendant.”
After that, the factory of this case was processed as a family fishing ground satisfaction, in order to distribute processed products from family fishing ground satisfaction, the HCCP certification should be granted to the factory of this case, but the above certification was not obtained.
[Reasons for Recognition] Unsatisfy, Entry of Evidence A1-3, the purport of the whole pleadings
2. The parties' assertion;
A. The Plaintiff’s assertion 1) If the Plaintiff, who filed a claim for the rescission of the processing contract for a door fishing ground satisfaction and damages therefrom, purchased the door fishing ground satisfaction, spawn, spawn, spawn, etc., which are the raw materials of the processed door fishing ground satisfaction, the Defendant’s processing contract to the Plaintiff and supply it to the Plaintiff (hereinafter “instant processing contract”).
AB concluded the agreement.
Under the above processing contract, the Plaintiff paid the Defendant KRW 21,00,000 as construction expenses for obtaining the HCCP certification in the instant plant, KRW 48,00,00 as raw material expenses, and KRW 15,473,410 as management expenses and other expenses, respectively.
However, in order to release processed goods from a family fishing ground satisfaction produced in the factory of this case, the HCCP certification is required, and the defendant did not obtain the above certification.
Therefore, the plaintiff is processed from the above family fishing ground satisfaction.