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(영문) 대구지방법원 2014.10.10 2013나13878

채무부존재확인 등

Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended at the trial room, shall be modified as follows:

The defendant.

Reasons

1. Facts of recognition;

A. On September 2010, the Plaintiff entered into a contract with Samyang Co., Ltd. (hereinafter “Tyang”) under which the Plaintiff would be supplied with livestock feed (hereinafter “instant contract”). From October 2010, the Plaintiff had been provided with livestock feed from Samyang. In the process, CB promised to arrange the safe distribution network for the Plaintiff.

B. From July 2010, CB performed business activities against livestock raisers in the door border area located in the Plaintiff’s farm area, including the Plaintiff, and CB initially arranged to supply the eggs produced in the door border area to D on the box box where C had been previously aware of the eggs in Busan and C, but refused to receive the eggs produced in the door border area due to reasons on the street, and arranged to supply the whole eggs produced in the door border area to D.

C. The Plaintiff also received feed from Tyang, while the Plaintiff’s eggs produced by CB supplied the whole amount to D to the synish wholesalers introduced by CB, and the payment of the above feed was conducted in a way that CB received direct payment from D except for the amount of KRW 20 million deposited by the Plaintiff to Tyang as set forth in the following E:

Since October 2010, D’s settlement of accounts was not carried out smoothly, D’s payment of feed was not made. Accordingly, CB concluded an agency contract with the Korea Livestock Farming Corporation (hereinafter “Korea Livestock Corporation”) on behalf of the Korea Livestock Corporation (hereinafter “Korea Livestock Corporation”) around December 2010 on behalf of the Korea Livestock Corporation (hereinafter “Korea Livestock Corporation”) to receive feed and sell it to the farmers.