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(영문) 서울고등법원 2015.05.22 2014나60790
매매대금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The contractual relationship between the Plaintiff A and the Defendants is 1) The Plaintiff C Co., Ltd. (hereinafter “Defendant C”) on May 31, 2012.

B) As regards the instant Plaintiff’s payment of KRW 6 million per unit to Defendant C of the total amount of KRW 90 million per unit of KRW 15,000,000,000,000 to entrust the raising of pigs from May 31, 2012 to July 30, 2013, the contract term of the Plaintiff’s payment to Defendant C of the total amount of KRW 15,000 per unit of KRW 15,00,000,000,000,000,000 for each unit of KRW 20,000,000 for each contract term (hereinafter “the 1 livestock breeding contract”).

(2) On June 1, 2012, the Plaintiff and the representative director paid KRW 90 million to Defendant C on June 1, 2012. (2) On the date of entering into the first breeding contract, the Plaintiff entered into a contract with Defendant C and D Co., Ltd. (hereinafter “Defendant D”). The Plaintiff sold 300 sexual money to Defendant D in total at KRW 117,000,000,000,000,000 for advance payment, and the amount of KRW 27,000,000,000 was paid in 12 installments, and the remaining amount of KRW 90,000,000 was paid within seven days after the expiration of the contract period, which is 14 months from the contract date.

3) On July 30, 2013, the expiration date of each contract term, Plaintiff A agreed with the Defendants on the extension of the contract term until February 28, 2014. The request for extension of contract was drafted under the joint signature of the Defendants. 4) After that, around November 2013, the Defendant C prepared a written confirmation that “the balance of the advance payment for futures trading is to be paid KRW 5,291,442 in 11, 12, 2013 each time of January 1, 2014, and KRW 1,763,814 in each time of January 2014, and KRW 90,00 is expected to be paid around February 2014.”

B. The contractual relationship between Plaintiff B and the Defendants on May 3, 2013: (a) Plaintiff B paid to Defendant C a total of KRW 10 million per unit of KRW 5 million; and (b) entrusted the raising of double pigs from May 3, 2013 to July 2, 2014 during the contract period; and (c) entrusted the raising of double pigs from May 2, 2013 to July 2, 2014.

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