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1. The Defendant’s KRW 32,97,704 as well as the Plaintiff’s annual rate from September 7, 2018 to October 17, 2018, and the following.
Reasons
1. Basic facts
A. Around December 2017, the Defendant was ordered to receive an order to close down a stable, raising a lawsuit from the head of Mamyeong-gu.
Accordingly, the Defendant agreed between the Plaintiff and the Plaintiff that the Plaintiff shall raise the Defendant 45 mari, and that the Defendant shall supply feed, etc. and dispose of the lawsuit to the Plaintiff and pay half of the profits after deducting all expenses (hereinafter “instant agreement”).
B. On December 28, 2017, pursuant to the instant agreement, the Plaintiff started raising 45 mari from the Defendant on December 28, 2017, and thereafter 6 mari was newly born (hereinafter the instant lawsuit referred to as “instant lawsuit”).
Meanwhile, the Plaintiff raised the instant cattle at the Plaintiff livestock shed on January 18, 2018, and transferred the instant cattle to C’s livestock shed by leasing Nonparty C’s livestock shed. On January 29, 2018, the Plaintiff delivered the instant cattle to the Defendant.
The Defendant sold all of the instant lawsuits in total of KRW 117,00,000 between D and Nonparty E from February 12, 2018 to February 17, 2018.
[Reasons for Recognition: Facts without dispute, Gap 1, 3, 10, 11
(2) Each entry and the purport of the whole pleading
2. Determination:
A. The plaintiff's assertion 1) The defendant is obligated to pay half of the profits from the sales proceeds of the lawsuit of this case to the plaintiff pursuant to the agreement of this case. The defendant sold the lawsuit of this case in total of KRW 117,00,000, and the total of KRW 22,362,900 (= KRW 14,547,000 paid by the defendant 7,815,900 paid by the plaintiff). Thus, the defendant is obligated to pay to the plaintiff the total of KRW 47,318,550 (= KRW 17,00,000-22,362,90) x 50%).
(State Claim). If the Plaintiff’s right to claim under the instant agreement is not recognized, the Defendant intends to raise the instant lawsuit to the Plaintiff.