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(영문) 대전고등법원(청주) 2015.02.10 2014나20616
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a company that processes, distributes, and sells meat, including cattle and pigs, and the Defendant is a livestock cooperative that mainly runs the business of slaughter and selling the meat slaughtered.

B. On December 201, 201, the Defendant entered into a contract with the Plaintiff on the so-called “cat-fat-fat-fat-fat-fat-fat-fat-fat-fat-fat-fat-fat-fat-fat-fat,

(2) The purpose of this Agreement is to stipulate the matters to be observed by both the Defendant and the Plaintiff in entrusting the Plaintiff with the processing of the contract.

Article 3 (Quantity of Work) The quantity of this Work shall be determined by the defendant, but may be adjusted by mutual agreement between the defendant and the plaintiff.

Article 5 (Term of Contract) (1) The term of contract for the discretionary processing of this Agreement shall be one year from January 1, 2012 to December 31, 2012.

(Provided, That this Agreement may be terminated). In any of the following cases, Article 8 (Termination of the Agreement) may be terminated:

(2) When the plaintiff has failed to perform all or part of this contract.

C. After that, on October 18, 2012, the Defendant sent to the Plaintiff a notice to the effect that “the Plaintiff has suspended the processing work, which would have been agreed upon if the Plaintiff would not resume the processing work by October 22, 2012,” and that, on October 23, 2012, the Plaintiff sent to the Defendant a notice to the effect that “the Plaintiff would be able to resume the processing work as soon as possible,” and that, on October 23, 2012, the Plaintiff did not supply the processed amount agreed upon under the instant contract (200 % a day on which the Defendant would be accumulated), and that the Plaintiff was unable to perform the processing work on October 15, 2012. In the future, the Defendant requested that the Plaintiff present the reasonable and reliable processing quantity, and that the processing work be resumed as soon as possible, according to the Defendant’s business plan.”

Then, around November 30, 2012, the Defendant notified the Plaintiff that the instant contract was terminated.

[Ground for recognition] A.

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