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(영문) 대전지방법원천안지원 2016.12.02 2016가합101450
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 person who operates a chickens farm in the name of “D farm” in Dong-gu, Nam-gu, Dong-gu, Seoul.

The defendant is mainly engaged in the distribution and sale of livestock products, the operation of hatcheries and the entrusted breeding of meat farms, and the plaintiff and the like farm owners are supplied with the breeding machine and the breeding machine they have raised from farm owners.

B. On October 8, 2010, the Plaintiff entered into a supply contract with the Defendant with the following terms:

(이하 위 계약을 ‘이 사건 1차 계약’이라고 한다). 피고가 원고에게 암탉 23,000수와 수탉 3,500수를 2010. 11. 17.에 입추하기로 한다.

The final fraternity under this contract shall be managed and raised under the responsibility of the plaintiff.

The unit price for the first generation of the final world shall be supplied to the plaintiff at the unit price supplied by the defendant, and the supplied amount shall be offset against the amount of the final demand.

All feed payments that the Defendant supplied to the Plaintiff’s farm shall be offset against the remainder payment that the Defendant pays to the Plaintiff.

The unit price for purchase in the column shall be 266.6 won/per unit price.

The end price shall be settled at the end of the month according to the following standard formula and cash shall be paid within 20 days (【5 days) of the following month:

The cost of laying eggs = the number of pages for the current entry x the unit price for breeding eggs - the amount of advance payment - the amount of gold feed supplied - the advance payment and all other advance payments paid during the period of raising the price for medicines for the current gold month shall be deducted from the balance sheet.

The last day of each month shall be paid only for the number of pages x 45 won and the remainder shall be deducted from advance payment, but the settlement shall be made according to the unit price of paper for the period after the advance payment is completed.

The "distribution rate" is also called a "distribution rate" in preparation for the disturbance.

It shall be maintained at least 70%, and the unit purchase price for the column according to the hatche ratio shall be in accordance with the criteria in attached Form 1.

In no event, the labor union may sell it to any other person, and the defendant shall purchase it.

The street price shall be the market price.

2. The Plaintiff

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