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(영문) 대전지방법원 2018.05.17 2016가단22865
손해배상(기)
Text

1. The Defendant’s KRW 7,806,205 with respect to the Plaintiff and KRW 5% per annum from September 13, 2016 to May 17, 2018.

Reasons

1. The following facts do not conflict between the Parties:

On January 3, 2015, the Plaintiff and the Defendant: (a) supplied basic materials (feed, fuel, medicine, and other materials) necessary for bottle raising; (b) the Defendant concluded a contract for the instant primary contract for the breeding of indigenous cattle with the intent of faithfully raising them from January 19, 2015 to May 5, 2015 (hereinafter “instant primary contract”); and (c) on May 18, 2015, the period of raising them from May 18, 2015 to the Plaintiff.

9. From November 2, 2015 to March 14, 2016, the Agreement on Entrusted Breeding of Earth (hereinafter “instant secondary agreement”) was concluded. Around November 2, 2015, the period of raising earth and chickens was from November 2, 2015 to March 14, 2016 (hereinafter “instant third agreement”).

B. On March 25, 2016, the Defendant notified the Plaintiff of the refusal of prosecution.

2. The parties' assertion;

A. The Plaintiff’s assertion 1) The Defendant agreed to reimburse the amount equivalent to the short rate of 90% at the average market price at the time of the conclusion of the second and third contracts of this case for the settlement of accounts for less than 90%. The Defendant supplied the Plaintiff with the first 50,000 feed for the period of raising 43,032 and shipped 40% (45,000) to the Plaintiff for the growth rate of 90% (45,712). The amount of 5,712 won at the time of shipment is below 90%, so the Defendant’s settlement of accounts under the second contracts of this case for less than 11,241,216 won (=1,968 won x 5,712 won). The Defendant supplied the Plaintiff with 30% of the total feed at the time of shipping of this case to the Plaintiff under the three contracts of this case, 30% of the total feed at the time of raising 230%, 450% of the total feed at the Plaintiff 13750.7.1.7

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