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(영문) 광주지방법원 2015.10.23 2014가합6130
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff (Seoul Special Metropolitan City located in the Republic of Korea) and the White Agricultural Cooperative (hereinafter “FFFF”) respectively were incorporated to enhance the agricultural productivity of members and to promote the expansion of markets for agricultural products produced by members and the facilitation of distribution of agricultural products. The Defendant is a corporation engaged in the contract production, distribution, processing, distribution, etc. of agricultural and special products located in the Jeonnam Special Metropolitan City, and Hyundai Agricultural Co., Ltd. (hereinafter “Mosan”), while operating the Hyundai Rice Treatment Center located in the Jeonnam Special Metropolitan City from April 2010 to February 201, the Defendant is a corporation that engaged in the production, distribution, processing, and distribution of rice products.

B. On March 10, 2010, the Plaintiff drafted a rice transaction agreement with the Defendant with the following content (hereinafter “instant First Agreement”).

Article 2 (Period of Contract and Renewal): (1) The period of contract shall be between March 10, 2010 and March 9, 201. (2) Where one of the parties fails to make a separate declaration in writing to the other party one month before the expiration of the contract period, it shall be deemed to have been renewed under the same conditions as this contract.

Article 4 (Order and Supply of Goods) (1) A and B (Defendant) shall send to Gap a written order ordering goods specifying the kind, quality, quantity, amount, place of delivery, and date of delivery of the goods to be supplied, and Gap and Eul shall deliver them in accordance with the written order ordering goods.

(2) A contract for the issuance of goods under paragraph (1) shall be sent by facsimile, ESI, or by the consent of B.

(5) Where Party A supplies goods to a place designated by Party B, Party B shall accept and examine them without delay and issue a certificate of examination and handle them.

Article 5 (Price Payment) (1) A shall pay A the price for the goods referred to in B in accordance with the following terms and conditions of payment:

Provided, That where Party A consents, the product shall be released from the limit of the amount at the time of payment of the price originally agreed in advance.

(2) Eul shall provide the price of delivered goods to Gap.

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