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(영문) 대전고등법원 2017.11.08 2016나13831
매매대금반환
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The complaint is filed by this court.

Reasons

Any counterclaim filed in the principal lawsuit and the trial court shall also be deemed to be a counterclaim.

1. Basic facts

A. The plaintiff is a company that aims at the production and sale of the Sejong Accounting Co., Ltd., and the defendant is a local agricultural cooperative established under the Agricultural Cooperatives Act.

B. On April 2, 2015, the Plaintiff and the Defendant entered into a contract for grassland supply (hereinafter “instant contract”) with the following content under the Plaintiff’s understanding that the Defendant with a high credit would not pay the deposit, and accordingly, the Defendant would pay the deposit amount to the Plaintiff when the Plaintiff supplied the disease to the Plaintiff as a cooperative farm by processing the chickens raised on the cooperative farm and selling it to the distributors, etc.

Article 2 (Basic Principles of Contract) of the Initial Production Contract for the Supply of Salperal Land (BG) The plaintiff produced Salperal and supplied the defendant with Salperal, and the defendant purchases Salperal Land at the contract price in principle.

Article 4 (Term of Contract)

1. This Agreement shall be from April 15, 2015 to April 14, 2016.

3. The plaintiff and the defendant may terminate the contract by agreement, and upon occurrence of any of the following causes, this contract may be unilaterally terminated without due process:

(2) Where the plaintiff or defendant has received a disposition of provisional attachment, seizure, provisional disposition, request for auction, etc., under Article 5 (Amount of weekly Supply)

1. The weekly supply volume shall be 50,000 square meters;

2. The adjustment may be made within the number of 10,000 by mutual agreement.

Section 6.(The Salinal Price) One-half of the Salinalian price shall be 520.

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