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(영문) 수원지방법원 2018.08.17 2017가합15563
소유권확인
Text

1. The counterclaim Defendant is 316,136,100 won to the counterclaim and 5% per annum from January 12, 2018 to August 17, 2018.

Reasons

1. Basic facts

A. On the trade name of “E”, a counterclaim Defendant is a person operating an enterprise which injects eggs (a known from being produced for the purpose of pathology). A Co., Ltd. (hereinafter “B”) is a distribution and processing enterprise of agricultural and livestock products operating the sales business, etc. of primary growth trends (find scind scind scind scind scind scind scind scind scind scind scind scind scind scind scind sc

B. On the beginning of early 2016, a contract for the consignment transaction between the counterclaim Defendant and C, the representative director of B, setting forth the details related to the business of incubation of incubation and payment of the purchase price (hereinafter “instant contract”). The main contents of the instant contract are as follows.

The representative C (hereinafter referred to as the "A") and E-Counterclaim Defendant (hereinafter referred to as the "B") of the consignment transaction contract shall conclude a consignment transaction contract and agree to comply with it in good faith as follows:

Article 3 (Unit Price, Settlement of Proceeds, Packing/Transport)

(a) The rent shall be set on the basis of the number of pages and shall be 30 won per cubic column (VAT separate);

B. The carriage of eggs is entered in the hatche box managed by “B” under the responsibility of “B”.

The transportation cost of the paper eggs shall be borne by the "A" in 5 won per piece of the paper column.

C. Initial packaging/transport shall be conducted under the responsibility of “B”.

The first-end packing/transport cost shall be borne by "A" in the amount of 10 won for each distribution.

“A” shall pay the amount of 60% on the 15th of the following month and the remainder of 40% on the 25th of the following month to “B” in cash after the end of the month.

Article 4 (Term of Contract)

A. The term of validity of this Agreement shall be from January 1, 2016 to December 31, 2016, and shall be automatically extended in the absence of mutual differences.

Article 6 (Termination of Contracts) "A" or "B" shall be a contract without due process in any of the following cases:

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