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(영문) 광주지방법원목포지원 2016.01.26 2015가단50086
정산금등
Text

1. The Plaintiff:

A. Defendant A’s KRW 18,270,00 and interest rate of KRW 15% per annum from December 15, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 18, 2012, the Plaintiff entered into a contract with the Association of this case, under which the Plaintiff entered into an agreement to sell 1,556,60kms to the Association of this case for KRW 661,55,000 (specific goods) per 1 km, and the agreement was entered into regarding the execution of the contract as follows (hereinafter “instant agreement clause”; “A” and “B” refer to the Association of this case and the Plaintiff.

The purchase price decision (Article 8) ① The purchase price shall be determined by standard after mutual consultation in consideration of the mountainous district price at the time of purchase.

Mountainous district price (Article 9) referred to in Article 8 means the price determined by Party A in consideration of the market price of five-day market in the relevant area, the successful bid price in the public wholesale market, future price, etc. at the time when purchase is scheduled.

(1) A shall settle the difference between a contract bond and an intermediate payment paid pursuant to Articles 2 and 3 from the total purchase price after the completion of purchase.

(1) If a contract is terminated under Article 11 (1) or it is impracticable to ship goods exceeding the tally determined standards with respect to the contract bond paid under Article 2, the contract bond shall be returned to the Party A.

(2) The deadline for returning the contract deposit under paragraph (1) shall be within 30 days from the date on which Gap and Eul are confirmed to be unable to ship, and where Gap and Eul make payment after the motive elapses, Eul shall pay the overdue interest rate for leading sales of the agricultural cooperative for business purposes.

B. On November 28, 2012, the Plaintiff entered into a contract between the Plaintiff and the Defendant A, etc., and the Defendant A paid KRW 20,400,000 per network of 120,000 (6,000,000) per 1 network of the Kaogle 120,000 square meters (a 51,000,000 special goods) produced in the area of 19,299 square meters (6,000 square meters) from the Defendant, Jeonsung-gun-gun-gun, Jeonsung-gun, Seoul, and paid KRW 20,40,00 as a contract bond. In performing the contract, the instant case is intended.

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