(영문) 대구지방법원 2021.01.12 2020나315923

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Reasons

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(영문) 대구지방법원 2021.01.12 2020나315923

건물명도(인도)

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1. The part of the first instance judgment against the Plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates a Korean-style cattle breeding business in a livestock shed owned by the Plaintiff located in E in a permanent residence.

B. Around December 22, 2015, the Plaintiff entered into a contract with the Defendant to be entrusted with raising Chinese milk owned by the Defendant (hereinafter “instant contract”). At the time of the conclusion of the instant contract, the Plaintiff and the Defendant did not enter into any specific agreement with respect to the amount of feed (including the beginning; hereinafter the same shall apply) or commission for commission.

(c)

According to the instant contract, the Plaintiff was entrusted with raising Korea-Japan 16 (hereinafter “Korea-Japan”), which was owned by the Defendant, from December 22, 2015 to July 2018, as indicated in the attached Table, from around 2015 to KRW 16.

(d)

The Defendant paid the Plaintiff KRW 2,260,000 on January 8, 2016, KRW 2,400 on March 21, 2016, KRW 6,700,00 on November 14, 2016, KRW 5,000,000 on April 17, 2017, and KRW 21,360,000 on August 2, 2017.

【Unfounded Grounds for Recognition】 Each entry in Gap evidence (including each number; hereinafter the same shall apply), Gap's evidence, and the purport of the whole pleadings

2. Claims to pay the payment of historical materials and commission fees;

A. The facts that the Plaintiff and the Defendant did not agree on the payment of feed, the consignment fee, and the consignment fee at the time of concluding the instant contract are as seen earlier.

However, in full view of the following circumstances, the Plaintiff and the Defendant agreed that the amount of feed shall be calculated and paid based on the amount of feed ordinarily paid and the ordinary unit price of feed in accordance with the order of the Chinese-style cattle farmer, and that the commission fee shall also be paid in accordance with the standard of commission commission fee adopted in the entrustment contract.

Recognized.

① The instant contract is entrusted by the Defendant, which is engaged in the Korean-style cattle breeding business.

유사 판례

-대구지방법원 2021.01.12 2020나315923

-광주지방법원 2019.04.04 2018가합52889

-수원지방법원 2011.02.15 2010노6315

-서울서부지방법원 2018.07.19 2017고합388

-수원지방법원 여주지원 2015.03.02 2014고단944