손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a juristic person running fish and shellfish seeds and fish farming business, etc., and operates a embanking-type embanking-type (hereinafter “the instant plantation-type”) located inside the front-gun of North Korea. The Defendant is a juristic person running the business of manufacturing mixed feed, processing, selling fish products, etc.
B. On February 5, 2013, the Plaintiff entered into an intermediate fostering contract with A, a farmer, with the following contents (hereinafter “instant intermediate fostering contract”).
The Plaintiff sets 200 to 250 g per noble fishing village at the place of the Go Chang-si festival-type festival-type fishing ground as of December 31, 2013, and sets 50 metric tons (50,000 g) at a unit price of KRW 5,500 per kilogram, and the Plaintiff concludes this contract at the same time as the Plaintiff pays 275,000,000 won to the Plaintiff.
The intermediate payment shall be paid for the noble fish feed of 1,000 on September 2013.
The remainder shall be agreed to pay the remainder simultaneously with the receipt of the goods.
Transportation expenses shall be borne by A and the plaintiff shall bear work expenses.
The terms of the special agreement shall be 10% of the total tonnage below the agreed tonnage, and shall be 10% of the total tonnage. If A delays the acceptance period due to unavoidable circumstances, it shall be accepted until March 4, 2014 and shall be determined as no (dumum) portion.
If the plaintiff violates the contract deposit and the A waives it, the contract deposit shall be null and void.
The Plaintiff received down payment of KRW 100,000,000 from A on February 5, 2013 in accordance with the instant intermediate fostering contract, and cultivated sublime at the head of the instant aquaculture from April 2013.
A around August 9, 2013, around May 3, 2013, the Defendant purchased a feed of 500 tons (10 tons = 20km x 500 square meters; hereinafter “instant feed”) manufactured by the Defendant and supplied it to the Plaintiff.
E. From August 10, 2013, the Plaintiff injected the instant feed in the instant plantation from around August 10, 2013, and on August 13, 2013.