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(영문) 서울고등법원 2016.06.29 2015나3985
사료대금등
Text

1. The plaintiff's appeal and the claim added in the trial are all dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendant entered into a contract for consignment breeding between the Plaintiff and the Defendant, while pursuing the Gyeyang Business, shall be deemed C (former G prior to the opening of name, hereinafter “G”).

(2) On September 21, 2012, the Plaintiff introduced the Defendant who entrusted the breeding of earth and chickens, etc. through the Defendant’s farm. However, on September 21, 2012, the Plaintiff left the Defendant’s farm with 17,400 sick, but did not enter into a contract on specific consignment breeding, and returned to the farm without entering into a contract.

The defendant raised the above 17,400 17,40 days until October 7, 2012.

3) On October 8, 2012, the Plaintiff and the Defendant concluded a contract for the consignment of indigenous and female chickens (hereinafter “instant entrustment contract”) (hereinafter “instant entrustment contract”).

Article 2 (Basic Principles) (1) The Plaintiff shall supply pathology, feed, etc. to the Defendant in kind, and the Defendant shall faithfully raise and ship the entire quantity thereof to the Plaintiff. (2) The Plaintiff shall pay 1,000 won per Mari, which is the cost of raising earth and chickens shipped by the Defendant. (1) In principle, the weight of shipment shall be 1.8 km to 2.3 km, and the date of shipment shall be determined through consultation between the Plaintiff and the Defendant. (2) On the first half of the year, the Plaintiff shall be 70%, and the Defendant shall be 30%. (3) On the first half of the year, the time of shipment shall be the use of an official book near the Defendant, and the cost of mooring shall be borne by the Defendant. (4) On the other hand, the Plaintiff shall be able to supply the remaining amount of feed necessary to ensure that the Plaintiff does not impede the Defendant’s raising of thorium. (2) On the other hand, the Plaintiff shall be promptly supplied to the Plaintiff as the first half of the year.

Therefore, since there is no need to reduce the number of mothers in this period, the transport of sick children is often a case where it is made in this first generation period.

(1) The settlement of accounts for payments shall be made.

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