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(영문) 대전지방법원 2016.04.21 2015나100684
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

On October 11, 2012, the Defendant entered into a contract with the Plaintiff for the supply of feed for TMR (teal Mixed R) by mixing the survey fees for wood plants, etc. with the after-sales feed of a certain percentage, as seen thereafter, and supplied milch, yeast-gun B located in Chungcheongnam-gun, Chungcheongnamcheon-gun, which the Plaintiff operates, with chchchchch, yeast, yeast, and yeast-gun, which should take in for a day by mixing with the after-sales feed of a certain percentage.

The Plaintiff farm raised 60 Dus, such as milk and dry milk, 30 Dus, and 30 Dus, and 20 Dus, due to changes in the number of raising livestock, the Plaintiff sent text messages to Defendant D and adjusted the amount of the order of the feed. After the order, the Plaintiff supplied the previous order quantity as it is, unless there is a special request from the Plaintiff for increase or decrease.

From the Triday to the Triday, the Defendant loaded the ordered feed in the cream vehicles belonging to the Defendant, transported the Plaintiff’s farm to the livestock farm, and paid feed to the livestock shed meal room for the livestock shed directly. On the weekend, the Defendant Company’s employees were unable to operate the cream vehicle due to the absence of work by its employees. As such, the Plaintiff’s farm entered into a separate transportation contract with respect to the feed to be used during the period from the crith day to the crith day, the Defendant supplied the crith day through an entry engineer who entered into a separate transportation contract with respect to the feed to be used during the period from the crith day to the crith day

As such, feed transported in a ton bag was divided into Saturdays, Sundays, Sundays low, and one day aday, and paid directly to the livestock shed meal service unit by the Plaintiff.

The amount of feed supplied by the Defendant to C by the date of receiving an order from the Plaintiff during the period from March 2013 to June 2013 is as shown in attached Table 1.

The defendant shall pay the amount of feed supplied from the plaintiff to the 15th day of each month on the 22th day of the current month, and the amount of feed supplied from the 16th day of the following month on the 6th day of the following month.

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