logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원군산지원 2019.01.10 2016가합12054
임가공대금 등 청구의 소
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of manufacturing and processing meat products, and the Defendant is a company established for the purpose of meat and meat processing business.

B. On July 1, 2013, the Defendant concluded a lease contract and a discretionary processing contract with the Plaintiff and the Defendant’s representative director C, and the Defendant’s building and ancillary facilities of the ground reinforced concrete and the assembly-type panel building and its appurtenant facilities (hereinafter “factory of this case”).

(2) From July 1, 2013 to June 30, 2014, the Plaintiff entered into a contract for free lease of the instant factory from the Defendant on March 1, 2014 (hereinafter “instant lease contract”), setting the rental period of KRW 10,000,000,000 for deposit, and KRW 3,000 for monthly rent. 2) The Plaintiff entered into a contract for rental of the instant factory from the Defendant on March 1, 2014 to February 28, 2015 (hereinafter “the instant lease contract”). During the same period, the Plaintiff entered into a contract for rental with the content that chills in the unit price set by the Defendant at the instant factory or produces parts of the land and supplies it to the Defendant.

(3) According to the Plaintiff’s demand for the increase of the supply unit price to the Defendant during the course of the contract under the instant preliminary processing contract, the Plaintiff and the Defendant entered into a new contract with the effect that the contract period from October 1, 2014 to September 30, 2015 is extended by one month prior to the expiration of the contract period (hereinafter “instant secondary contract”). In the absence of either change or declaration of intention to terminate the contract by one month prior to the expiration of the contract period, the Plaintiff and the Defendant entered into a new contract with the effect that the contract is automatically extended by one year (hereinafter “instant secondary contract”), while both the first and second contract and the second contract collectively referred to as “instant contract for processing.”

However, the instant lease agreement was maintained as it is. (c) The Defendant calculated the business subsidy, advance payment (including provisional payment, various expenses, etc.) from June 2014 to September 2016, which applied a certain unit price by production item to the Plaintiff every month from June 2014 to September 2016.

arrow