beta
(영문) 광주고등법원 2015.03.25 2014나11436

도축료

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The status of the parties is a company with the objective of livestock, forest road construction, livestock processing, etc., and the co-defendant B of the first instance trial (the trade name before the change as of May 31, 2012: D agricultural partnership; hereinafter “B farming partnership”) is a corporation established on March 27, 2009 for the purpose of engaging in the business of distributing and selling environment-friendly agricultural and livestock products, and the Defendant was the representative director from the time of establishment of the B farming partnership until March 27, 2012.

B. On January 1, 2010, the Plaintiff’s representative E and the Defendant, upon entering into the instant slaughter agreement, drafted the instant slaughter agreement (hereinafter “instant slaughter agreement”) as follows.

D. The following contracts shall be entered into between the farming cooperatives (A) and the representative director E (B):

- Article 1 (Contract Purpose A and B enter into this Agreement with a view to achieving common interest by being supplied with raw money of Gap on the basis of mutual good faith and slaughter in accordance with prescribed regulations.

Article 2 (Transaction Items) Items A supplied to B refers to raw money directly purchased by A from a farmer.

Article 4 (Slaughtering Charges)

2. A shall be required to slaughter approximately 3,000 Dus per month, and the amount shall be 11,000 won per two months by the sixth day of each month.

Article 5 (Term of Contract) The term of contract between A and B shall be one year from January 1, 2010 to December 31, 2010.

Provided, That even after the contract period expires, if there is no objection between the parties, it shall be deemed extended.

“A” lawsuit: The name of the F Corporation in Naju: the representative of the D Farm Association: C: the representative of the G Plaintiff E in Naju

C. According to the instant slaughter contract, the Plaintiff, including slaughter and bat supply, slaughter, etc., slaughter and slaughter process at the Defendant’s request from around January 9, 2010 to March 29, 2013, and batling, B farming cooperatives, stock companies, and batal distribution (the trade name before the modification: hereinafter “batal distribution”), etc. < Amended by Presidential Decree No. 22010, Jan. 9, 2010>