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(영문) 서울중앙지방법원 2016.01.28 2014가합593156
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a company whose main purpose is to produce, process, sell, etc. agricultural, fishery, and livestock products and related products.

B. The Plaintiff’s representative director B, from November 4, 1991 to August 31, 2010, at approximately 19 years, established the Plaintiff on August 30, 201, when he/she was in office in the Korea Refrigere Co., Ltd. (hereinafter “Korea Refrigere”).

C. On August 26, 2010, the Plaintiff and the Korea Refrigerants entered into a collective meal service contract for the year 2010 (hereinafter “instant primary contract”).

Article 1 (Purpose) The purpose of this Agreement is to enable the Plaintiff to perform simple processing of livestock products for the supply of group meal services in the Korea Refrigerants in good faith and to implement efficient supply according to the specifications of the supplier.

Article 3 (Quantities of Work) The quantity of work shall include the quantity of the Korea Refrigerants and the quantity of processed products requested to the Korea Refrigerants.

The plaintiff shall complete the processing of the daily quantity on the same day, and shall not raise an objection against the increase or decrease of the work quantity.

Article 4 (Provision of Facilities at Work and Preparation of Work) (1) The Korea Refrigerants shall provide facilities at Work Places and freezing and freezing storages.

(2) The Korea Refrigerator shall provide all production equipment and expendable goods necessary for his/her work.

(3) The Korea Refrigerator shall provide all raw materials, land, and packing materials necessary for the supply of group meal services.

Article 8 (Term of Contract) (1) The term of contract may be extended or shortened upon consultation with the original Korea Refrigerants from September 1, 2010 to August 31, 2013.

Article 10 (Work Handling Expenses) The Korea Refrigerator shall pay the cost of the work performed by the Plaintiff in the amount of less than 100 tons per month by applying 83.3 tons (b 763 won/km and value added tax separate) to the amount of work carried out by the Plaintiff.

provided, however, that if the monthly production exceeds 100 tons, only 1/2 of the weight exceeding the above amount.

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