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(영문) 광주지방법원 2017.01.17 2016가단505924
대여금
Text

1. The Defendant’s KRW 166,448 as well as the Plaintiff’s annual rate of 6% from February 23, 2016 to January 17, 2017 and the next day.

Reasons

1. Basic facts

A. On February 1, 2011, the Defendant concluded a contract for the supply of original consignment livestock with the Plaintiff from February 1, 2011 to January 31, 2013, and raised the original by being entrusted by the Plaintiff pursuant to the said contract.

On the other hand, on January 31, 201, the Plaintiff and the Defendant around that time concluded an advance payment agreement to pay KRW 30 million to the Defendant for the original raising of the Defendant.

The specific contents are as follows:

(A) Nos. 3 and 1 and 2. The plaintiff deposited 30 million won in advance to the defendant, and thereafter the defendant shall pay the plaintiff the principal at the rate of 20-50% of the farming household fee when the defendant raises and ships the original, but the plaintiff shall recover the advance for the non-performance of the farmer by evaluating the performance per year for each person who provided the funds, and shall pay the delay interest calculated at the rate of 15% per annum at the time of the unredeemed.

B. The Defendant raised birds entrusted by the Plaintiff pursuant to the instant supply contract, and supplied them to the Plaintiff eight times on October 2, 2012. Through which, based on the deduction of advance payment, the Defendant left advance payment of KRW 15,149,000 as of October 2, 2012.

(C) fact that there has been no dispute, Eul evidence 1 to 8).

On the other hand, around August 201, the Defendant purchased the Korea Agricultural Insurance Co., Ltd. under Article 17 of the above supply contract with the Korea Agricultural Co., Ltd. and the Korea Entrusted Livestock Co., Ltd. in relation to the supply contract.

(hereinafter “instant insurance contract,” Gap evidence 6, Eul evidence 3). D

On November 28, 2012, the Nonghyup Insurance Co., Ltd. paid KRW 14,982,552 to the B Company, the insured of the instant insurance contract, based on the effect of typhoon Bolienenenb on August 28, 2012, which was an insured accident of the original 4,300 closed death.

(B) No. 3. At present, the above KRW 14,982,552 is kept by the Plaintiff, who is a truster to the Company B.

(See plaintiff's preparatory brief dated August 4, 2016). The ground for recognition is the dispute.

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