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(영문) 대전고등법원 (청주) 2021.02.04 2019나2651
용역비
Text

1. The judgment of the first instance court, including a reduced or added principal claim and a modified counterclaim claim, is followed.

Reasons

1. Basic facts

A. As a cancer truck, the Plaintiff has been engaged in the business of collecting cattle such as mooring, milk, and pigs in a farm and supplying it to companies manufacturing fertilizer as raw materials or transporting composts, etc.

B. On October 7, 2014, the Plaintiff was appointed as a director of the Defendant, an agricultural company engaged in the business of manufacturing organic fertilizers, etc., and was reappointed on October 7, 2017.

(c)

The Plaintiff operated the instant vehicle registered in the name of the Defendant from September 2016 to the Defendant, and delivered the said vehicle to the Defendant on January 22, 2018.

【Fact- without a dispute over the basis of recognition, Gap evidence Nos. 10, Eul evidence Nos. 4 and 6, the purport of the whole pleadings

2. Determination on the main claim

A. The gist of the Plaintiff’s assertion is to exempt the Plaintiff from the entry into a stock company, etc. in cases where the Plaintiff supplied cattle to the Defendant from December 2, 2013 to October 2017, or transported cattle to the place designated by the Defendant (hereinafter “direct supply part”), and supplied cattle to N & P Co., Ltd. via the Defendant, and subsequently re-enters the Defendant’s finished products into P & Q Co., Ltd., and agricultural corporations.

the part of indirect supply (hereinafter referred to as “indirect supply”) and the Defendant lent KRW 30 million to the Defendant.

Therefore, the Defendant only sought the amount of KRW 122,720,00 (i.e., the monthly amount of KRW 182,220,000 for the direct supply from around December 2013 to July 2017 (i.e., the monthly amount of KRW 182,220,000) based on the evidence No. 18, and the total amount of KRW 182,220,00 according to the evidence No. 18 (i.e., the total amount of KRW 196,220,00 for the outstanding amount of KRW 14,00,00) from around December 2013 to around July 2017.

- I Factory usage fees of KRW 8.5 million per month x 5 months x 1.7 million per month x 5 months - KRW 5 million per month from September 2016 to January 2018 (one million per month) x 17 months); ② The direct supply amount of KRW 3.5 million from August 2017 to October 2017; ③ the indirect supply amount of KRW 3.5 million (i.e., KRW 14.89 million) 8.3 million per month (i.e., KRW 8., KRW 8.3 million).

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