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(영문) 광주지방법원 2013.09.26 2013가합302
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. On April 18, 201, the Plaintiff entered into an agreement with the Defendant on rice farming and shipping (hereinafter “instant agreement on rice shipment”) and the main contents are as follows.

Article 2 (Term of Contract) The term of validity of this Agreement shall be from the date of the contract to the date of the shipment of agricultural products produced under this Agreement.

except that the shipment of agricultural products under this contract shall be prior to December 31, 201, but may be extended where the parties have agreed to do so.

Article 3 (Quantity of Variety and Release Arrangements)

(a)The quantities agreed upon by “A” and “B” shall be all rice plants in the report of 2011, and the name of the plant shall be written in the shipment package;

(b) the quantity of the contractual cultivation shipment arrangements between “A” and “B” is 50,000 Madro (Ma/40 g) in bulk in 2011.

However, 20,000 Gam(Ma/40 kg) out of the shipment quantity is rice produced through an agrochemical certification.

(e) “A” means B;

A list of contract production farmers for the quantity of the subsection shall be prepared and notified to "B", and after the notification, "A" shall not arbitrarily change the quantity allocated or ship it to any third party other than the contract production farmer.

However, it may be increased or decreased for the quantity within 10% for each contract producer.

(f) “A” shall not be deemed to be a breach of contract where the shipment cannot be made due to a natural disaster or other force majeure in the production of the contract quantity;

Article 5 (Purchase Price) The contract price of rice to be shipped “A” to “B” under this Agreement shall be KRW 52,000.

§ 3(b), except that

The contract price of rice in an inspection for certification of agrochemicals as provided for in the proviso to paragraph (1) shall be 59,000 won.

Article 7 (General Shipping)

(b) Drilled rice produced “A” shall be shipped to the upper end of the designated place of “A” in the shipment schedule in which “B” is separately notified;

The term "B" shall include the purchase expenses and the commercial rent, etc. of the horse (40 km) in shipping the merchant car referred to in paragraph (a).

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