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(영문) 대구지방법원경주지원 2015.07.10 2014가합1034

물품대금

Text

1. The defendant (Counterclaim Plaintiff, the appointed party) and the appointed party C are jointly and severally liable to the plaintiff (Counterclaim defendant) for KRW 9,572,650 and the corresponding amount.

Reasons

1. Basic facts

A. The Plaintiff is a company mainly engaged in the feed sales business, and the Defendant is a person who produces eggs and supplies eggs to the seller.

Article 1 (Purpose) A (Plaintiffs, hereinafter referred to as “A”) and B (Defendants, hereinafter referred to as “B”) shall fully agree on all matters that may arise in the course of trading the mixture of feed and eggs of good quality, and are aimed at promoting mutual interests and contributing to the development of the livestock industry.

Article 2(unit Price)(1):(2)(Application of a change in the unit price of feed) 540 won/km (Provided, That the unit price of domestic feed market shall be changed at the time of a change in the unit price of domestic feed market): The unit price of the limit shall be the amount 24 won D/C in the public notice of the Daegu Both Cooperatives.

Paragraph 1 of Article 3 (Payment of Price): (L) The payment rate for feed purchased every month from A shall be the payment rate as provided for in Paragraph 2.

Paragraph 2: (Disturbance) A shall pay to B the remaining amount after subtracting the amount of disturbance purchased each month by B from the amount of disturbance purchased by B.

Article 4 (Transportation of Products) Transporting of Feed/Disturbances shall be carried by Gap.

Article 5 (Securing of Claims) Joint and Several sureties (Appointed) shall be jointly and severally liable with Eul for all obligations incurred and to be incurred in the future by Eul, jointly and severally.

B. On September 1, 2012, the Plaintiff and the Defendant supplied the Defendant with the Gyeyang Feed, and some of the subsequent amounts of the amount of the feed was supplied to the Defendant, and entered into the following transaction agreements (hereinafter “instant supply agreements”), which include the details of offsetting the column produced by the Defendant. The Selection C guaranteed the Defendant’s obligation to pay the amount of the feed to the Plaintiff.

C. The Plaintiff supplied the Gyeyang Feed to the Defendant from June 16, 2012 to April 13, 2013, and the Defendant also supplied the disturbance to the Plaintiff from June 30, 2012 to April 20, 2013.

E From June 2012 to April 15, 2013, feed is in the D defendant farm.