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(영문) 전주지방법원군산지원 2020.08.20 2018가합51381

대행수수료

Text

1. The plaintiff (Counterclaim defendant) shall pay 136,726,267 won to the defendant (Counterclaim plaintiff) and its related amount from May 16, 2020 to August 20, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a person operating a fish farm management business, etc. with the trade name of “C”. The Defendant was an agricultural company established for the purpose of producing, distributing, processing, selling, etc. agricultural and livestock products in accordance with the Act on Fostering and Supporting Agricultural and Fisheries Enterprises. The trade name was changed to “E” on September 9, 201, and “E” on October 10, 2017, and changed to the trade name as of October 11, 2019.

(hereinafter “Defendant” without distinguishing the Defendant’s trade name before the change. B

On September 17, 2013, the Plaintiff and the Defendant managed the farmers who entered into a contract for breeding with the Defendant on consignment with the Defendant. In return, the Plaintiff entered into an agency contract for breeding management with the terms that the Plaintiff would receive fees from the Defendant, and the details thereof are as follows.

Article 2 (Basic Principles of Contracts)

1. The defendant shall pay to a breeding supervisor designated by the plaintiff materials and plants in accordance with the defendant's entrustment contract for breeding.

2. Livelihood produced from the breeding farm designated by the Plaintiff is the Defendant’s property.

3. The weight of the contract shall be an average of 1.8km to 2.3km, and the weight increase or decrease may be adjusted through mutual consultation.

Article 3 (Duties of Management Agent)

5. The respective provisions of this Agreement shall govern the liability of a management farm for which the term of the contract has lapsed even after the expiration of the term of the contract under Article 9.

Article 4 (Advance Payment) The defendant may pay advance payment to the farm household managed by the plaintiff upon the plaintiff's recommendation, and the amount of advance payment shall not exceed 200 won per marina.

Article 5 (Status, etc. of Surety)

1. The plaintiff is jointly and severally liable with the breeding farmer for advance payment when paying advance payment under the preceding four Articles to the farm household managed by the plaintiff.

2. The limit of the guarantee liability guaranteed by the joint and several sureties shall not exceed 50 million won per farm household managed by the plaintiff.

3. The guarantee period is the Plaintiff.