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(영문) 수원지방법원 2016.08.26 2015가합70221
기타(금전)
Text

1. The Defendant’s KRW 1 billion to the Plaintiff as well as 5% per annum from August 13, 2015 to August 26, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company engaging in wholesale and retail business by-products of livestock, and the Defendant is a company engaging in slaughter of cattle and pigs, meat processing, manufacturing business, etc.

B. The Plaintiff concluded a supply contract with the Defendant as follows.

① On November 15, 2012, the Defendant entered into a “dual local supply contract” with the Defendant to be supplied with the U.S. area and the said area, and paid KRW 100 million to the Defendant as a security deposit.

On January 14, 2013, the term “animalB local sales contract” was concluded to be supplied with oil from the Defendant, and paid KRW 200 million to the Defendant as a deposit.

After that, on November 5, 2014, the term of the contract was determined from November 5, 2014 to November 4, 2018, when concluding a contract for supply to a local area and a local area, which is a content of integrating the above two contracts on November 5, 2014, and the total amount of KRW 300 million (= KRW 100 million) that the Plaintiff paid to the Defendant was to substitute for the deposit for the “contract for supply to a local area and a local area”.

② On December 7, 2012, the Defendant entered into a “a double and sufficient processing contract” with the content that he/she used the Defendant’s production facilities for two years from December 10, 2012 to December 9, 2014, and paid KRW 250 million to the Defendant as a deposit, and thereafter extended the contract period until November 6, 2018.

③ From April 29, 2015 to April 28, 2017, the term of the contract was two years from April 29, 2015 to April 28, 2017, the Defendant entered into a “contract for preferential supply of the KRW 1 billion,” and the Defendant paid a deposit amount of KRW 700 million in total on several occasions from October 29, 2014 to June 8, 2015.

(hereinafter above (hereinafter referred to as "each of the contracts of this case") and (2), and (3) each of the contracts of this case

On June 11, 2015, the Defendant entered into a contract on the transfer of a slaughterhouse equipment and operating rights with the Roster International Co., Ltd., and transferred the ownership, operating rights, etc. of the slaughterhouse building and equipment to the Roster International Co., Ltd. by August 12, 2015.

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