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1. Of the judgment of the first instance, the part against the Plaintiff (Counterclaim Defendant) corresponding to the following amount ordered to be paid.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On May 21, 2016, the Plaintiff, an agricultural partnership, the purpose of which is to distribute, process, sell, etc. agricultural products such as Mayman, agreed to be supplied with Mayman by the Defendant, who was engaged in the business of distributing Mayman, with the trade name “C,” and paid 30 million won to the Defendant on the same day. The Defendant failed to secure Mayman on May 26, 2016, and thus returned the Plaintiff the said 30 million won to the Plaintiff.
B. On June 7, 2016, the Plaintiff asserted that the Defendant entered into a supply contract for 100 tons of a total of 100 tons by embodying the terms of the agreement in a more concrete manner. However, there is no evidence to prove that the Plaintiff agreed on June 7, 2016 to be supplied with a total of 10 tons by the Defendant.
In concluding B, when the Plaintiff entered into a storage warehouse designated by the Plaintiff, the Plaintiff entered into an agreement with the employees belonging to the F Cooperatives (hereinafter “F Cooperatives”) on the date or following the date when the Plaintiff entered into the storage and agreed to pay the amount to the Defendant on the same day and following the date. On the same day, the Plaintiff paid the amount of KRW 50 million to the Defendant. Around that time, it was allowed by D Agricultural Association that operated the agricultural products storage storage and requested the Defendant to have the said storage (hereinafter “instant storage”).
C. Upon the above request, the Defendant entered 15,50 km on June 9, 2016 in the instant warehouse (hereinafter “the first warehouse”) and entered 14,570 km on June 10, 2016.
(hereinafter referred to as “the second entry”) D.
원고는 2016. 6. 10. F협 소속 직원과 함께 제1, 2차 입고 물량에 대한 검수를 한 후 그 대금을 각각 82,150,000원(＝15,500kg×5,300원)과 69,860,400원(≒14,570kg×4,794.81원)으로 정산하여 F협을 통해 피고에게 위 각 대금 합계 152,010...