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1. The Defendant (Counterclaim Plaintiff) paid KRW 23,493,496 to the Plaintiff (Counterclaim Defendant) and its related amount from March 3, 2015 to July 20, 2016.
Reasons
1. Basic facts
A. The plaintiff is a person who engages in the business of raising of spawn and selling of spawn with the trade name of "C" in Kim Jong-si, and the defendant is a company that engages in the business of selling and buying spawn and selling spawns and spawns
B. On February 28, 2013, the Plaintiff entered into a contract for breeding of breeding ducks and for supplying eggs with the Defendant (hereinafter “instant contract”).
Article 1 (Purpose of the Contract) The purpose of the contract is to supply and sell feed necessary for the growth and growth of the raw pressure to the Plaintiff, and the Plaintiff purchased and raised the feed, and then sell the whole of the spawnings to the Defendant, thereby pursuing mutual interests and achieving common prosperity.
Article 2.(Initial Pool of Class-tension and Supply of Feed, etc.)
1. The Defendant shall supply the Plaintiff with the U.K. C. C. C. C. C., French U.K. E. E.
Article 9 (Supply of Disturbies)
6. In any case, the Plaintiff may not supply any eggs with poor quality caused by illness or non-satisfy care, and if such fact is found later by the Defendant, the Defendant may arbitrarily destroy them, not pay a reasonable amount, and thereby shall compensate the Defendant for the damages suffered by the Defendant.
7. The paper that failed to pass a decision that there is no commercial value after delivery is disposed of by the defendant at his own discretion and not paid the paper, and the plaintiff agrees thereto.
Article 10 (Computation of Species Cirropty and Price of Feed) The supply prices of feed shall be as follows:
Provided, That both parties may mediate in consultation according to the circumstances of the market and the customer.
C. On May 14, 2013, the Defendant supplied the Plaintiff with the female of 6,329 horses, and the female of 1,485 horses at KRW 13,000 per mari, as the original flusium.
The plaintiff's original breeding farm caused highly pathogenic avian influenza (hereinafter referred to as "AI") and destroyed 7,380 maris raised around February 17, 2014.