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(영문) 서울고등법원 2019.04.17 2018나2051967

방해배제(예방)

Text

1. Of the judgment of the court of first instance, the part against the counterclaim defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. The following facts do not conflict between the parties or may be found as a whole in each entry in Gap evidence Nos. 1 through 5, 19, 24, Eul evidence Nos. 1 through 5, 9, 12 through 14, 24, 41, and 49 (if any, including each number; hereinafter the same shall apply).

1) The contract of this case and the contract of this case 1) The counter-party defendant is a person operating a business company to supplement the paper column (the knowledge produced for the purpose of pathology) with the trade name E, and the agricultural company B Co., Ltd. (hereinafter referred to as “B”).

(2) Around early 2016, a contract for consignment transaction (hereinafter referred to as the “instant contract”) was made between the counterclaim Defendant and B, which set forth the details relating to the consignment work and payment of the purchase price, and the main contents relating to the instant case are as follows: (a) a contract for consignment transaction (hereinafter referred to as the “instant contract”) was made between the counterclaim Defendant and B, and the instant contract was made.

(C) On consignment transaction contract B (hereinafter “A”) and E representative counterclaim Defendant (hereinafter “B”) agree to enter into a consignment transaction contract and comply with it in good faith as follows:

Article 3 (Unit Price, Settlement of Proceeds, Packing/Transport)

(a) The rent shall be set on the basis of the number of pages and shall be 30 won per cubic column (VAT separate);

B. The carriage of eggs is entered in the hatche box managed by “B” under the responsibility of “B”.

The transportation cost of the paper eggs shall be borne by the "A" in 5 won per piece of the paper column.

C. Initial packaging/transport shall be conducted under the responsibility of “B”.

The first-end packing/transport cost shall be borne by "A" in the amount of 10 won for each distribution.

“A” shall pay to “B” the amount of 60% on the 15th of the following month after the end of the month and the remainder of 40% on the 25th of the following month.