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1. The Defendant (Counterclaim Plaintiff) paid KRW 321,728,301 to the Plaintiff (Counterclaim Defendant) and its related amount from April 20, 2017 to July 12, 2018.
Reasons
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. The Plaintiff purchased and stored agricultural products with the Plaintiff’s funds in a warehouse, and sold them at the purchase price to the Defendant, and traded agricultural products with a certain fee paid by the Defendant.
B. On January 28, 2014, the Plaintiff concluded an agricultural product sales contract with the Defendant for the 2012 mountain to 2014 mountain bees (excluding mountain bees) and miscellaneous grains (hereinafter “instant agricultural product sales contract”), and the main contents thereof are as follows.
Article 2 (Period of Validity of Contract) The term of validity of this contract shall be from the date of the contract to December 31, 2014.
Article 3 (Contract Limit and Contract Unit Price) The contract limit and contract unit price shall be as follows:
The name: The limit of the contract price of beer and beer: The plaintiff's purchase price (or the defendant's collection price): Article 4 (Purchase Price and Acceptance) (1) The plaintiff shall make a decision by mutual consultation between the plaintiff and the defendant by referring to the market price within the jurisdiction at the time of determining the purchase price of agricultural products and the price desired for each item at the time of determining the purchase price of agricultural products, and the defendant shall accept the whole amount of agricultural products purchased by the plaintiff from the farm.
(2) The plaintiff shall prepare a daily purchase sheet for agricultural products purchased from a farm household and notify the defendant thereof, and the defendant shall affix his/her signature and seal to the plaintiff.
③ The Plaintiff may refuse to accept agricultural products collected by the Defendant under mutual agreement on the acquisition price, and the Plaintiff may refuse to accept such products when purchasing at a price significantly high in comparison with the market price.
(4) Upon request of the plaintiff, the defendant shall submit relevant documents, such as a certificate of origin, separate distribution management certificate, and producer's certificate.
Article 5 (Guarantees) (1) The defendant shall be 10% of the purchase amount necessary for performing the contract in order to guarantee the faithful performance of this contract.