logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 거창지원 2018.02.08 2015가합10204
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Article 1 of the Convention on the Creation of Mountain Ginseng Production, which has entered into the instant agreement / [the purpose of this Convention] The purpose of this Convention is to gather mountain ginseng, etc., using technology owned by Eul (the plaintiff refers to the plaintiff; hereinafter the same shall apply) in forests within the jurisdiction of Gap (the defendant refers to the defendant; hereinafter the same shall apply) or to build mountain ginseng industry facilities and promote mutual benefits among them for the installation of mountain ginseng industry facilities and for the production and supply of seedlings in the site located within the jurisdiction of Gap (the defendant refers to the defendant; hereinafter the same shall apply).

Article 2 [Mutual Cooperation and Apportionment of Duties] ① Roles's roles

1. Support projects for building foundations, such as various authorization and permission, theft prevention facilities, forest road facilities, etc., so that tree seedlings supplied without receiving the price may be planted in forest and fields within jurisdiction;

2. A shall conclude an agreement with the small groups of wood, etc. participating in the cultivation of mountain ginseng, etc. separately with the consent of B;

3. The management of the mountain ginseng that Party B provided is planted directly by Party A shall be responsible for the planting of each crop group in which Party A and each crop group participating in the cultivation (including individual farmers) are planted.

(2) Roles B shall:

1. B shall provide Party A with mountain ginseng not less than 50,000 roots each year from 204 to Party A without being paid the ginseng.

2. The mountain ginseng of 150,00 ppuri, which was planted between October and November 2003, held in 2004, is subject to the provisions of subparagraph 1.

Article 3 [ownership] ① The ownership of mountain ginseng planted by supplying the mountain ginseng of Na in the jurisdiction of Gap shall be jointly owned with Gap, Eul, and the village farming team for the management of cultivated land, and the ratio shall be in accordance with the standards for distribution under Article 7(2).

Article 5 [Management of Farmland] (1) B shall provide technical support for cultivated land, such as the prevention of pests.

(2) Gap and Eul shall make their best endeavors to prevent damage caused by theft, wild bird, forest fire, etc. and shall not be held liable for any damage caused by force majeure, such as natural disasters.

(3) A shall be used to prevent damage under paragraph (2).

arrow