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(영문) 광주지방법원 2014.04.24 2013가합7815
도축료
Text

1. Defendant C shall pay to the Plaintiff KRW 252,341,842 as well as 20% per annum from September 8, 2013 to the date of full payment.

Reasons

1. Basic facts

A. The status of the parties is a company with the objective of livestock, forest road, stable, and forest processing business. Defendant B’s agricultural partnership (hereinafter “Defendant farming partnership”) was established on March 27, 2009 for the purpose of engaging in business relating to the distribution and sale of eco-friendly agricultural and livestock products, and Defendant C was the representative director of the Defendant farming partnership from the time of establishment of the Defendant farming partnership until March 27, 2012.

B. On January 1, 2010, the Plaintiff’s representative director E and Defendant C, upon entering into the instant slaughter agreement, drafted a contract for slaughter with the following content (hereinafter “instant slaughter agreement”).

D. The following contracts shall be entered into between the farming cooperatives (A) and the representative director E (B):

- Article 1 (Contract Purpose A and B enter into this Agreement with a view to achieving common interest by being supplied with raw money of Gap on the basis of mutual good faith and slaughter in accordance with prescribed regulations.

Article 2 (Transaction Items) Items A supplied to B refers to raw money directly purchased by A from a farmer.

Article 4 (Slaughtering Charges)

2. A shall be required to slaughter approximately 3,000 Dus per month, and the amount shall be 11,000 won per two months by the sixth day of each month.

Article 5 (Term of Contract) The term of contract between A and B shall be one year from January 1, 2010 to December 31, 2010.

Provided, That even after the contract period expires, if there is no objection between the parties, it shall be deemed extended.

“A” lawsuit: The name of the F Corporation in Naju: the representative of the D Farm Association: C: the representative of the G Plaintiff E in Naju

C. Pursuant to the instant slaughter agreement, the Plaintiff supplied the brine, etc. (former trade name: Abrine Co., Ltd.; hereinafter “Abrine food”) to Defendant Farming Cooperatives and the brine Distribution (hereinafter “Abrine”) after slaughtering the brine, etc. from January 2010 to March 2013.

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