(영문) 의정부지방법원 2017.10.13 2016나9972

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(영문) 의정부지방법원 2017.10.13 2016나9972

위탁사육비

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates a breeding farm, and the Defendant is a person who raises and sells meat, soil, and chickens in the trade name of C.

B. On December 8, 2014, the Plaintiff entered into a contract on inland consignment breeding with the Defendant to receive feed and pathology from the Defendant and to supply it to the Defendant by raising it in the field of meat.

(hereinafter “instant entrustment contract”). The main contents of the said contract are as follows.

Article 2 (Period of Contract) 1) The term of contract shall begin on December 8, 2014, and the defendant's shipment shall be 40,000 copies for each contract.

Article 3 (Waste Death and Accident Handling) (1) Only the number of waste deaths shall be deducted, except for dumnasiums, which may be recognized only where the defendant confirms that the waste death is confirmed.

(2) The Defendant recognized only up to 5% of the closed death rate on the date of the completion of raising Calian, and the Defendant bears the excess of the closed death with the unit price of pathia to the Defendant, and the Defendant pays the excess of the shipment to the Plaintiff with the unit price of pathia when shipping more than 95%.

3) A shooting range, waste meters, etc. due to deterioration of quality produced after the mooring shall be deemed to be a non-shipment system. In the event that the standard feed requirement rate under Article 4 (RR) exceeds the standard feed requirement rate, the Plaintiff shall offset the excess amount to the Defendant by the feed rate, and in the event of shortage, the Plaintiff shall pay the amount of shortage to the Defendant by offsetting it with the feed rate. Upon completion of breeding under Article 6 (Entrustment Fee) and completion of shipment, the Defendant shall pay the commission fee to the Plaintiff within 30 days. The decision on shipment under Article 11 (Shipment 1) has the right to determine shipment, and the Defendant shall be notified

Attached 1 Weight (kg) Feed demand rate (raw/kg) pharmaceutical expenses (raw/water) 1.55 to 1.60 1.84 150 50 20

1. Standards for supply by weight of the land;

2. January of fuel cost: 173 won/ma, December: 151 won/ma;

5. Other matters (1) above: land limit.

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