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(영문) 대구고등법원 2016.02.03 2015나2547
물품대금
Text

1. The part concerning the principal lawsuit and counterclaim in the judgment of the court of first instance shall be modified as follows:

Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts are either in dispute between the parties or in accordance with the purport of Gap evidence Nos. 1, 4, and Eul evidence Nos. 2, 4, 5, 11, and 12 (including the branch numbers if they are not specially indicated; hereinafter the same shall apply), as a whole, and there is no counter-proof.

The plaintiff is a company that mainly engages in feed sales business.

The defendant is a person who operates a chickens farm in the name of D.

Article 1 (Purpose) The plaintiff and the defendant agree sufficiently on all matters that may arise in trading the mixture, feed and column of good quality, and they are aimed at promoting mutual interests and contributing to the development of the livestock industry.

Article 2 (Unit Price) ① (1) 540 won/km (applicable to changes in the unit price for the domestic feed market) (2) The unit price for sale in the column shall be the amount 24 won D/C in the notice of the Daegu Yangyang Cooperatives.

Article 3 (Payment of Prices) (1) The defendant shall pay the amount of feed purchased every month to the plaintiff as provided for in paragraph (2).

(B) The plaintiff shall pay the remainder to the defendant on the 10th day of the following month after deducting the amount of the disturbance that the defendant purchased to the defendant each month.

Article 4 (Transportation of Products) Transporting of Feed/Miss shall be carried by the plaintiff.

Article 5 (Securing Claims) The Selection C shall be jointly and severally liable with the Defendant for all the obligations owed by the Defendant to the Plaintiff and for the obligations to be borne in the future.

B. On June 16, 2012, the Plaintiff entered into a transaction agreement with the Defendant with the following terms (hereinafter “instant supply agreement”) and supplied the Defendant with the Gyeyang Feed (G) from that time, and some of the subsequent amounts of feed have been traded in a way that received the eggs produced by the Defendant and appropriated it for repayment.

The Appointor C provided a joint and several surety for the defendant's obligation to pay feed to the plaintiff.

(c).

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