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(영문) 대전지방법원 2015.05.15 2014나13738
위탁사육 사육비 재 정산 차액금
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. On December 9, 2011, the Defendant and the Defendant supplied the Plaintiff with pathology, feed, medicine expenses, fuel expenses, straw, and strawing expenses necessary for raising pathology, and the other parts were raised more than ten times by August 2013 upon entering into a contract for raising pathology at the Plaintiff’s expense (hereinafter “instant contract”).

B. The relevant contents of the instant contract entered into between the Plaintiff and the Defendant are as follows.

Article 5 (Verification of Ratification)

1. Where a death death by up to seven days (one day immediately before the date of entry) occurs due to a defect of the sick and wounded after the prosecution, the plaintiff may immediately notify the defendant of the death of the whole sick and wounded, and receive confirmation from the defendant by day and age, and exclude only the waste death after the death of the deceased from the prosecution after obtaining confirmation from the defendant.

Article 6 (Fostering Ratio)

1. After obtaining the confirmation of the entry and departure, up to five percent of the closed death shall be recognized by the Defendant, and the Plaintiff shall reimburse the value of the sick (based on the sick value 480 won) of the closed death exceeding five percent.

Article 8 (Dealing with Accidents)

1. Waste death (limited to cases recognized by relevant agencies or organizations) due to an accident shall be not more than three days of age, and it may be deducted only for giving and receiving of waste death except for exhumations;

Article 15 (Payment of Breeding Costs) The defendant shall pay the plaintiff in cash within 15 days after the shipment of the breeding cost is completed.

C. Around July 2013, the Defendant entered the Plaintiff on June 6, 2013, and delivered to the Plaintiff a written settlement of accounts with the raising cost of KRW 26,484,947 for the portion shipped on July 4, 2013 and July 10, 2013, and paid the amount as specified in the written settlement of accounts.

On March 31, 2014, the Plaintiff entered the Defendant on June 6, 2013, and issued a certificate of content demanding the payment of the difference after regred the breeding cost for the portion shipped on July 4, 2013 and July 10, 2013.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, and Eul

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