Text
1. The plaintiff (Counterclaim defendant)'s appeal against the principal lawsuit is dismissed.
2. The part concerning the counterclaim for a judgment of the first instance; and
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. (1) D on April 2, 2013, on behalf of the Plaintiff, distributed approximately 15,00 km (20 km per network) from the Defendant on April 2, 2013 (hereinafter “instant trade”).
(2) On the same day, the Defendant paid the down payment amount of KRW 70 million to the Defendant on the same day. The location of the standard contract for the sale and purchase of agricultural products: (a) the details of the standard contract for the sale and purchase of agricultural products after confirmation of the network balance: (b) the full text of the standard contract for the sale and purchase of agricultural products distributed by the Minister of Agriculture, Food and Rural Affairs (hereinafter referred to as “standard contract”) includes the matters to be entered in an individual agreement, and (c) the common agreement consists of Articles 1 through 13 and 13, and the provisions relating to the instant case are as follows.
Article 10 (Matters of Special Agreement under Article 53 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products) (3) The damages due to the delay of shipping out shall be determined by separate agreement for penalty.
(2) Where Article 3 (3), 6 (4), 7 (3) or 10 (3) is violated, the penalty shall be based on the amount equivalent to the down payment.
3) The form of the instant sales contract is the same as that of the individual agreement entered in the front of the standard contract, but there is no common agreement entered in the back pages of the standard contract. B. From June 10, 2013, the Defendant harvested pharm from around 10,000 to put it in the network. Of June 2013, H took out the 70 million won of the down payment from Police Officer D to the G warehouse designated by the Plaintiff and transported it to G warehouse. Upon receiving a request from the Plaintiff, the Defendant carried out the 4,155 network of the 4,155 network of the 4,155 network, and transported the 93 network of the 4,155 network to the G warehouse.
Among them, they were generated in areas other than C.
On June 20, 2013, the defendant harvested poppy and completed work on the net.
C. The Plaintiff’s 4,155 net.