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(영문) 청주지방법원 2014.04.17 2013가합2891
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that processes, distributes, and sells meat, including cattle and pigs, and the Defendant is a company that mainly runs the business of slaughter and selling meat slaughtered.

B. From January 1, 2011, the Plaintiff entered into a contract for the meat processing (hereinafter “instant contract”) with the Defendant during the contract period from January 1, 201 to December 31, 2012, and was supplied with money from the Defendant.

C. Meanwhile, on November 30, 2012, the Defendant notified the Plaintiff of the termination of the instant contract.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 3, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant agreed to supply the Plaintiff with 200 dus of 200 per day, but provided only an average of 75 dus of 75 per day, and unilaterally terminated the instant contract on November 30, 2012, and thus, the Plaintiff is obligated to compensate the Plaintiff for damages incurred by the Plaintiff, namely, losses incurred by the expansion of facilities and equipment suitable for 200 dus of a day, ② damages incurred by the incomplete performance of the instant contract, ③ unilateral termination of the contract.

B. The Defendant’s assertion did not have agreed to supply the Plaintiff and 200 heads of money per day, and the termination of the contract of this case was due to the Plaintiff’s financial deterioration that led to the Plaintiff’s failure to properly deal with the business of raising money. Therefore, the Defendant did not have a duty to compensate the Plaintiff for the Plaintiff’s damages.

3. Determination

A. First, as to whether the Plaintiff and the Defendant agreed to supply the Plaintiff with 200 meat per day, there was a fact that the Plaintiff and the Defendant provided the Plaintiff with 1,2, and 10-1,2, and 12-2 of the evidence of Nos. 1, 2, and 10 of the evidence of Nos. 10, 200 per day. However, the Plaintiff, a Defendant’s employee, could supply the Plaintiff with 150 dus of 150 per day, but may change according to the competition.

only makes a statement that there is a false fact;

(b).

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