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(영문) 광주지방법원 순천지원 2018.10.04 2018가합10303
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts (applicable for recognition: non-strifeed facts, Gap evidence 1 through 4 (including paper numbers, hereinafter the same shall apply);

(iii) entry in evidence Nos. 3 and 14, as well as the purport of the whole pleadings

A. On June 1, 2005, the Plaintiff (the Plaintiff): (a) entered into a contract with the Defendant and a foreign company for the purchase and import of the feed with the content of the survey fees, the short and short quality, the electric powder, etc. (hereinafter “instant contract”); (b) the purchase agency contract (hereinafter “instant 1 contract”) and the import agency contract (hereinafter “instant 2 contract”) as follows; and (c) entered into each of the contracts with the Defendant and the foreign company to receive KRW 5 per cent per fee.

Article 1 (Purpose of Contract) of the First Contract for the instant case (Agreement on the Purchase of Early Feed Overseas), the Defendant, at the request of the Defendant, requests the Plaintiff to purchase foreign research fees, and the Plaintiff, at the request of the Defendant, intends to promote mutual development based on good faith and sincerity as an overseas purchase agent.

Article 2 (Scope of Purchase Agency Services) The purchase agency of the Plaintiff is an area under the territory of a foreign country (U.S., Australia, China, Vietnam, and Indonesia) desired by the Defendant, and the Plaintiff also takes charge of the adjustment and resolution of the clean rent arising from the farm to which the Defendant belongs.

Article 3 (Determination of Purchase Price) The purchase price of overseas research fees shall be basically determined by the defendant, and the plaintiff shall make every effort to raise at least the price desired by the defendant in the price negotiations with the overseas supplier.

Article 4 (Vicarious Execution Fee) The Defendant shall compile the total volume imported from an overseas supplier on a monthly basis and notify the Plaintiff, and the Defendant shall pay to the Plaintiff the purchase agency fee equivalent to five won per kg (excluding added tax) for the import volume already notified to the Plaintiff.

Article 5 (Contract Term) This Agreement shall be in force simultaneously with the conclusion of the Agreement, and the period shall be from June 1, 2005 to May 1, 2006.

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