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(영문) 대구지방법원 2017.01.06 2015가합339

손해배상(기)

Text

1. Defendant B’s KRW 28,823,602 as well as 5% per annum from January 23, 2015 to January 6, 2017, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. From July 2010 to the conclusion of an agency contract between the Plaintiff Company and the Samsungyang Co., Ltd., the Defendants, who are the business members of the Korea Livestock Feed Management Co., Ltd., entered into a contract for the purchase of chickens from July 2010 to the Defendants, who are members of the Korea Livestock Feed Management Co., Ltd., a livestock feed management company, and purchased Samyang's chickens feed from October 2010. During that process, both farmers agreed to supply all of their produced eggs to Y.

D. Meanwhile, the supply transaction of chickens was conducted in the way that the Defendants directly received the eggs from each of the two-generation farmers and settled it in the way of feed payment. From October 2010 to October 10, 2010, the amount of feed payment for the three-generation farmers in the area of the dispute resolution company was not settled. Accordingly, the credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit credit

B. On December 1, 2010, the Plaintiff Co., Ltd. entered into an agency contract between the Plaintiff and the Plaintiff Co., Ltd. with the Defendants on December 1, 2010 that “the Plaintiff Co., Ltd. is supplied with and sell feed to the Livestock Industry Co., Ltd.” (hereinafter “instant sales agency contract”). The Plaintiff Co., Ltd and the Plaintiff Co., Ltd entered into a feed sales agency contract between the Plaintiff Co., Ltd. and the Plaintiff Co., Ltd., through the Defendants, and the Plaintiff Co., Ltd. (hereinafter “the Plaintiff Co., Ltd.”). The Plaintiff Co., Ltd and his successor directly ordered the Plaintiff Co., Ltd or Defendant Co., Ltd, to supply feed to both farmers using the Plaintiff’s agency code, and directly delivers it to both farmers. The Plaintiff Co., Ltd.’s feed payment to the Plaintiff Co., Ltd. is also paid by the Defendants directly by E on behalf of the Plaintiff Co., Ltd., and then paid it.