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(영문) 인천지방법원 2017.05.30 2016가단30523
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 33,663,324 and the interest rate of KRW 15% per annum from July 13, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. B is a person engaged in the wholesale and retail business of livestock products under the trade name of “C”, and the Defendant is a person who operates “D” and engages in the breeding of earth and sand.

B. On January 14, 2013, B entered into a contract with the Defendant for the breeding of earth and chickens (hereinafter “instant contract”) with the content that B shall entrust the Defendant with the raising of earth and chickens and pay the expenses for the entrusted breeding, feed, medicine, etc. corresponding thereto (hereinafter “instant contract”).

Article 7 (Fostering Ratio)

1. The defendant shall ship to B all the entry trends requested by B, and where the growth rate is not less than 95% on the basis of 95% of the growth rate, B shall pay to the defendant the first entry price corresponding to the excess 95%, and where the growth rate is less than 95%, the defendant shall compensate to B as follows:

1) With respect to the amount less than 90 per cent of the growth rate by up to 90 per cent of the growth rate, 2) the growth rate shall be less than 90 per cent of the growth rate, B shall bear the Defendant’s charges.

Article 9 (Fees for Breeding Livestock)

1. The breeding fee shall be in accordance with the attached Form;

2. The cost of entrusted raising shall be 900 won for allowances and 1,000 won for shipping at least 95 per cent.

5. The advance payment, etc. leased to B in the course of raising shall be subtracted from the calculation of the breeding fee.

Article 10 (Rate of Feed Demand)

1. The calculation of the feed demand rate shall be based on the attached standard feed demand rate at the time the shipment is completed, and where the production is below the standard feed demand rate, B shall pay the difference to the defendant, and where production is made above the standard feed demand rate, the defendant shall bear the difference in feed cost;

3. The application of unit price for feed shall be fixed at 580 won per Kg, but may be changed depending on changes in the prices of feed;

C. B from June 12, 2015 to February 12, 2016, the Defendant paid KRW 32,000,000 to the cost of consignment raising under the instant contract (hereinafter “instant advance payment”).

1 The defendant's admission to a sick leave on June 3, 2015 and on September 22, 2015.

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