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(영문) 수원지방법원평택지원 2014.12.24 2013가합3042
사료대금등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties, or in the testimony of Gap evidence No. 1, C, D, and E, taking into account the overall purport of the pleadings:

The plaintiff, through F, made an oral agreement with the defendant (the husband of the defendant, the actual husband of the defendant) to enter into a contract for the entrustment of the raising of Saturdays, and held on September 21, 2012 the number of 17,400 Sickia on the defendant's farm, but the plaintiff did not reach an agreement on the terms and conditions of the contract and returned to the defendant's farm.

B. On October 8, 2012, the Plaintiff entered into a contract for the entrustment of domestic chickens breeding (hereinafter “instant contract”) with the Defendant. The main content of the instant contract is as follows.

Article 2 (Basic Principles) The Plaintiff shall supply the Defendant with pathology, feed, etc., and the Defendant shall be even so long as the Defendant faithfully dies and shall ship the entire amount of earth and sand to the Plaintiff, and the Plaintiff shall pay KRW 1,000 per mari, which is the cost of raising the earth and sand, shipped by the Defendant.

Article 4 (Weight and General Expenses) The weight of shipment shall, in principle, be 1.8km to 2.3km, and the date of shipment shall be determined by mutual agreement.

The plaintiff bears 70% of the operating expenses of the first half of the year, and 30% of the defendant, and the expenses of the first half of the year are borne by the defendant.

Article 8 (Approval of Breeding Costs) The plaintiff shall pay the raising cost within five days after shipping to the defendant, and if the plaintiff fails to comply with the payment, he/she shall not raise an objection against the raising cost by arbitrarily shipping the earth and chickens raised by the defendant.

Article 9 (Approval of Feed Value) The Defendant’s feed for the first six-day period after Byung’s initial feed was predicted. The Defendant purchased up to the limit of KRW 20 million for 40 days (from the 7th day to the 46th day of the entry) after his previous feed for the former feed for the first time, and the Plaintiff paid the expenses for the feed purchased by the Defendant first priority in the order of priority, and if the Plaintiff fails to comply with the foregoing, the Defendant may not shipping his Saturdays.

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