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Reasons
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(영문) 대전고등법원 2015.05.29 2014나14342
정산금청구
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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the above order is revoked.

Reasons

1. Basic facts

A. The Plaintiff requested a company that sells livestock products distribution business, etc., and the Plaintiff’s farm operated D to grow the growth of the growth of the growth of the growth of the growth of the growth of the growth of the growth of the growth of the growth of the growth of the growth of the growth of the growth of the growth of the growth.

In the meantime, the Plaintiff introduced Defendant A, who operated F by the E operator E, and entered into a contract with Defendant A to the effect that, around December 2010, the Plaintiff supplied a heavy trends to Defendant A, the Plaintiff would raise and supply the eggs produced therefrom to the Plaintiff (hereinafter “instant contract”). Defendant B and Defendant C jointly and severally guaranteed the Plaintiff’s obligation under the instant contract.

B. The main contents of the contract prepared at the time of the instant contract are as follows.

제2조(육용종계 입추수수 및 입추일) 본 계약에 의한 “갑(원고)”이 “을(피고 A)”에게 공급할 육용종계의 품종은 로스로 하며 입추수수는 암탉 16,500수와 수탉 2,300수를 2010. 12.에 입추하기로 한다.

VI.(Unit price for the first generation in the middle)

1. The unit price for the first life in the end shall be supplied to “B” at the unit price supplied to “A” and the supplied amount shall be offset against the amount of the disturbance.

Article 7 (Standards for Feed Supply)

3.The amount of all feed supplied by “A” to the farm of “B” shall be offset against the amount of the blank space that “A” shall pay to “B”.

Article 11 (Payment of Amount of Disturbance)

1. The unit price for purchase of eggs shall be 266.6 won/per 266 won;

3. Costs for eggs = [The number of eggs in the current month x the unit price for purchase in the current column x the unit price) - Advance payment deduction - the amount of gold-month feed supplied - the amount of gold-month medicine supplied] Article 14.

1. The hatchery shall be maintained at a rate of not less than 70% compared to the column for entry, and the unit purchase price for the column according to the ratio of hatchation shall be in accordance with the criteria in attached Form 2 (the table of standard for payment of the unit price for the column for public peace - 75%, 266.6 won;

Article 17. Assistance in Advance Payment

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