beta
Text
The judgment of the first instance shall be revoked.
The plaintiff's claim is dismissed.
All costs of the lawsuit shall be borne by the plaintiff.
purport, purport, and.
Reasons
Basic Facts
A. On April 28, 2017, the Defendant concluded a contract with C Co., Ltd. (hereinafter “C”) of the agricultural company (hereinafter “C”) and the contract period from April 28, 2017 to April 28, 2018 (the contract period may be extended by mutual agreement between the parties) to supply C with pathology and feed, etc., and the Defendant entered into a contract for the entrusted breeding of c (hereinafter “contract for related entrusted breeding”).
B. On November 17, 2017, the Plaintiff sent to the Defendant a document evidencing that the Plaintiff “case of claim for payment” was “a document evidencing the content of the Plaintiff’s feed input 53 million won due to a failure to pay the Plaintiff’s input, even if the Plaintiff was raised from the Defendant’s Agricultural Center on July 25, 2017 and received the payment by shipping the chickens amounting to 81,940km from July 25, 2017, according to a chickens breeding contract shipping around July 25, 2017.”
C. On December 11, 2017, the Plaintiff filed a lawsuit against the Defendant with Seoul Southern District Court 2017Gaso7679, which sought payment of feed costs. On April 23, 2019, the said court rendered a judgment dismissing the lawsuit on the ground that “the Plaintiff’s claim against the Defendant for KRW 53,000,000,000, which is a part of the claim, is illegal in violation of Article 5-2(1) of the Trial of Small Claims Act, which limits part of the claim (hereinafter “the judgment of the first instance case”), was final and conclusive as is.
In the judgment of the preceding case, the plaintiff seems to have supplied feed to the defendant for the purpose of dividing the sales profit by raising Sari and Sari, so aside from claiming the right to the sales profit accrued between the defendant, it is added to the judgment that the plaintiff cannot seek payment of the payment of the feed cost that the plaintiff supplied to the defendant.
[Ground of recognition] dispute.