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(영문) 광주지방법원 2017.06.13 2015가단529565
대여금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 43,500,000 to the Plaintiff (Counterclaim Defendant) and its related amount from June 16, 2016 to June 13, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. From January 201 to January 31, 201, the Plaintiff supplied the Defendant with materials necessary for the original raising (such as ducks, feed, etc.) on credit during the contract period from February 1, 2011 to January 31, 2014, and supplied the Plaintiff with the original 3.2 km average of 42-day original body by the Defendant raising the original body, the Plaintiff shall pay the Defendant the agreed unit price (1 km per 1,700 won per 1 km as of March 2 g) to the Defendant for the supply of the original breeding (hereinafter “instant entrustment contract”).

The instant commission agreement concerns the instant case as follows. Article 8 (Payment and Repayment of Breeding Advance) of the original consignment contract

1. Where it is deemed necessary for the plaintiff, advance payment of the entrusted raising livestock may be made at the request of the defendant Eul, and advance payment received shall be deducted from the cost of entrusted raising;

2. If Eul suspends Eul's original breeding and raises ducks, etc. other than Gap, Eul shall pay the advance payment immediately, and the amount of delay shall be 25 percent (25%) per annum.

3. Where Eul requests advance payment, it shall provide security by selecting one of the real estate, securities, surety insurance policy, and other security of the criteria set by Gap, and advance payment shall be made after the preservation of claims by Gap is completed.

4.The security and the joint and several sureties of this Agreement shall, ipso facto, cover and guarantee the obligation to repay advance payment and, if otherwise agreed on the interest rate under this Section, be subject to that agreement.

Section 16 (Period of Contract) This Agreement shall be from February 1, 2011 to January 31, 2014, and shall be automatically extended one year when there is no mutual objection between A and B by 30 days before the expiration date of the contract.

2. The plaintiff and the defendant.

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