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(영문) 광주지방법원목포지원 2017.07.13 2016가단54030
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

A. On June 19, 2015, the Plaintiff entered into a two-wave sales contract under which the Plaintiff would be provided with both the following contents (hereinafter referred to as “instant contract”) with the Garo Agricultural Cooperative (Yaro Agricultural Cooperative was absorptiond in the Garo Agricultural Cooperative on November 15, 2016, and accordingly, the Garo Agricultural Cooperative took over the litigation procedures; hereinafter referred to as “Defendant, regardless of whether before or after the merger”):

Article 1 (Standards for Sales Agreement) Article 2 (Contract Deposit): The 15-year Pursuant to Article 2 (Contract Deposit): The Plaintiff does not explicitly state that, in order to perform the contract in good faith, the estimated quantity of the demand (net) is calculated as 10,000 won. However, the meaning of Article 2 is interpreted in literal sense, it seems that the meaning of Article 2 is included.

The down payment shall be paid.

Article 3 (Amount of Sales: Article 6 (Adjustment of Price): The settlement after election shall be at least 10,000 won per 21km network, and the plaintiff shall pay to the defendant within 10 days after the determination of the price at the time of the determination of the minimum price above the 21km.

Article 7 (Other) : The additional contract shall be substituted by this Agreement, and the amount of the contract shall be met after the advance payment, and other matters shall be adjusted by mutual agreement between the plaintiff and the defendant.

B. On June 15, 2015, according to the instant contract, the Plaintiff paid KRW 60 million to the Defendant as advance payment for the 60 million quantity, and the Defendant supplied the 6000 network to the Plaintiff as follows.

Grade 3,000 higher-ranking 3,000 networks on June 25, 2015, 2016.26 June 26, 2015, 202, 03102,250 networks 750 networks 750 networks on June 26, 2015.

C. On July 3, 2015, the Defendant holds a “Mari-Pacific Price Determination Meeting” and holds a higher price of the two-waves elected by the Defendant = 16,000 won per 21km per 1 network = 15,200 won per network purchase price.

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