(영문) 수원고등법원 2020.09.02 2019나21480

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(영문) 수원고등법원 2020.09.02 2019나21480

물품대금

Text

The appeal filed by the Defendant (Counterclaim Plaintiff) and the counterclaim filed by the Defendant (Counterclaim Plaintiff) in this court is dismissed.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a person who operates a farm with the trade name “D”.

The defendant is a person who operates a spawning farm under the trade name of "G (GuF)".

B. On March 30, 2010, the Plaintiff and the Defendant: (a) sold the mountain mountain mountain (which was 70 to 80 days thereafter) to the Defendant; and (b) did not receive KRW 140,00,000 out of the payment. On August 26, 2010, the Plaintiff and the Defendant concluded a contract with the Plaintiff to provide the Plaintiff with support for the amount of feed and medicine goods, etc.; (c) settle the amount with the amount of sale proceeds, etc. produced at the Defendant’s mountain mountain farm, and settle the amount as the amount of sale proceeds from the Defendant’s mountain farm (hereinafter “instant contract”).

The main contents are as follows. The purpose of this Agreement is to pay for the remainder of KRW 140,00,000 out of the mid-to-date sold on March 30, 2010. The remainder of the contract is 23,000 as joint ownership, and the defendant cannot make any voluntary disposal without the plaintiff's consent, and the additional entry is carried out under consultation. However, compensation for the chickens due to expropriation of the farm shall be reverted to the defendant on the condition of preferential repayment of the mid-to-date balance. The overall management of the farm operation shall be maintained to maintain the management of the entrusted rent at KRW 7,00,00 per month to facilitate the repayment of the mid-to-date balance (including rent, electricity fee, expenses for maintenance and repair of the fraternity, personnel expenses, disposal expenses, and all other expenses). 2) The defendant, in the course of performing the contract in this case, shall pay the plaintiff the total balance of the operation of the farm as shown in the letter of confirmation of "the balance of the operation of the farm" as follows.

The term "written confirmation of the balance of this case" is referred to as "written confirmation of the balance of this case."

유사 판례

-대전지방법원공주지원 2013.02.06 2010가합282

-의정부지방법원 2016.06.30 2015고단2801

-대구지방법원 안동지원 2018.09.18 2018고단192

-대구지방법원 2016.09.29 2016고단2802

-춘천지방법원 원주지원 2017.08.23 2017고정173