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(영문) 대구지방법원 2016.02.05 2015나307287

물품대금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

가. 피고는 2013. 6. 22.경 B와 사이에 B가 운영하는 경북 군위군 C에 있는 D 농장(이하 ‘이 사건 농장’이라고 한다)에 피고 소유의 자돈(仔豚, 새끼 돼지)을 공급하여 사육하도록 하고 피고가 B에게 출하 돼지 1두당 35,000원씩 위탁사육비를 지급하기로 하는 돼지위탁계약을 체결하였다.

Accordingly, from June 22, 2013, the Defendant entered 1,607 head of the instant farm and was shipped 757 head of 757.

B. On September 11, 2013, based on the executory decision of performance recommendation for the construction cost of the Daegu District Court Decision 2013Gaso463, the Plaintiff executed the attachment of 200 b0 fats (referring to the pigs remaining after the Defendant entered and shipped the instant farm as above; hereinafter “instant attachment”) on September 11, 2013 (hereinafter “execution of the instant attachment”).

C. On November 29, 2013, after the enforcement of the instant seizure, the Defendant calculated the Defendant’s entrusted breeding expenses to be paid to B (i.e., KRW 1,607 x 35,000), and paid KRW 3,900,00 in pigs (i.e., KRW 39 million x 100,000), the destroyed pigs (i.e., KRW 56 x 300,000), and the destroyed pigs (i., KRW 56 x 300,000) (i.e., KRW 40,000 in the instant seized items (= KRW 200 x 200 x 2000), calculated the Defendant’s total of KRW 60,70,000 in the instant seized items, and paid KRW 4,45,005,005,5050) to the Defendant (i.e., KRW 6005,000).

After the above settlement, the Defendant carried out 507 pigs from the farm of this case. D.

On December 6, 2013 and October 1, 2014, the enforcement officer of the Daegu District Court's Sung Branch's Family Court inspected the custody status of each of the seized objects of this case upon the Plaintiff's application.

As a result of the examination on December 6, 2013, B stated that the Defendant brought 507 heads of pigs on November 29, 2013, and the remaining number is 77 heads of pigs, but the result of the investigation is 80 heads of pigs.