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(영문) 서울동부지방법원 2015.10.01 2015가단1520
약정금
Text

1. The Plaintiff:

(a) Defendant B’s KRW 29,00,000 and for this, KRW 6% per annum from January 29, 2015 to October 1, 2015.

Reasons

1. Basic facts

A. On June 28, 2013, the Plaintiff and C Co., Ltd. (hereinafter “C”) concluded a contract with the following content:

(hereinafter “instant contract”. The following “A” refers to the Plaintiff and “B”, and Article 1 (Agricultural Products Sale) “A” provides Party A with the main notes produced or collected by Party A through purchase and work agency, and Party A sells the agricultural products received from Party B.

Article 2(Goods)(A) The goods supplied to A are as follows:

(1) Commodity name: Dmerial quality standards and handling quantities: 1,00 tons; A shall pay to B the purchase operation agency fees consulted with B.

The actual purchase agency fee: 3% of the contract deposit under Article 6 (Purchase Arrangement Contract Deposit) shall be paid by 20% per purchase for the quantity of the main loan transaction contract by Gap, and this fund shall be paid in advance as contract deposit according to securing the whole quantity and farmers.

In addition, B shall notify A of the purchase price at the time of the purchase contract and enter into a contract with prior approval.

B as a safety device for the prior payment and treatment of down payment, Eul shall provide a guarantor for performance and performance.

Article 7 (Adjustment of Prices) A shall transfer to B all the work agency costs (such as precise work costs, commission, transportation cost, loading and unloading cost, screening work cost, side material, and purchase cost of farm goods) in accordance with the settlement of the purchase price of B to B by one day before the work.

Provided, That remittance fees shall be borne by A.

In addition, it shall notify A of the settlement of the contract details and work expenses under the contract two days prior to the work.

Article 10 (Cancellation of Contracts) In any of the following cases, A or B may cancel this Agreement:

When Gap and Eul violate the Agricultural Products Distribution Order when it has not been shipped for more than one year (monthly), or when it has violated this Agreement or been recognized as an unfair act.

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