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(영문) 수원지방법원 2018.08.22 2015가단136506
손해배상(기)
Text

1. The plaintiff's primary claim against the defendants is dismissed.

2. The Defendants shall jointly and severally serve as the Plaintiff KRW 35,871,152.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established mainly for the purpose of livestock breeding business, and the Defendants are married couple, and are jointly engaged in the fish farming business.

(A) The representative of D in the name of the defendant C. B.

On May 4, 2015, the Plaintiff and the Defendants entered into a contract for the consignment of earth and sand chickens in accordance with the standard form contract (Evidence A 2). The main contents are as follows.

Article 2: The plaintiff shall supply the defendants with materials for raising livestock, such as pathology, feed, etc., necessary for raising domestic chickens.

The defendants shall not arbitrarily dispose of or damage the breeding materials supplied by the plaintiff and shall fulfill their duty of care as a good manager.

The defendants shall ship the entire chickens produced by contract with the plaintiff to the plaintiff, and the plaintiff shall pay the defendants the raising expenses in accordance with the standards attached thereto.

Article 3: The Defendants shall faithfully prepare a logbooked paper, etc. separately provided by the Plaintiff and submit it to the Plaintiff at the time of shipment, and shall immediately notify the Plaintiff of abnormal signs, such as chickens, etc. in the raising.

Article 8:In the event that an abandoned company is judged to be inferior in the quality of pathology supplied, the Defendants shall immediately notify the Plaintiff thereof, and in the event that the abandoned company occurred after seven days from the supply of the goods due to the supply of pathology, the Plaintiff shall be compensated, but in the event that there is any disagreement on the cause of the death, the compensation and the scope of compensation through the diagnosis by a specialized agency shall be mutually

Whether or not the cause of death is due to the poor quality of pathology requires the consent of the plaintiff.

However, if there is a dispute over this, the results of the intensive examination of the intensive examination institution recognized by both parties shall be applied, but both parties shall bear the same expenses for the diagnosis.

A specialized institution to determine whether a disease has been infected by Syuri, is a member.

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