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(영문) 광주지방법원 2017.09.15 2017나51333
물품대금 청구의 소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is a non-corporate group composed of farmers producing environment-friendly agricultural products among farmers residing in the Jeonnam-Myeon, and the Defendant is a farmer belonging to the Plaintiff.

B. Around 2012, the Defendant agreed to bear the cost of agricultural materials when receiving agricultural materials for farming agricultural products, such as rice of KRW 1,770,000 from the Plaintiff, and the Defendant did not pay eco-friendly agricultural subsidies.

C. On October 5, 2012 and on October 22, 2012, an industry-academic cooperation foundation of the Jeonnam University rendered a decision that the Plaintiff’s application for eco-friendly agricultural certification was inappropriate. This was due to the fact that some farmers, such as D and E, were not prevented from flowing agrochemicals in nearby dry field, or pesticides were detected in the farmland by using other farming materials.

Accordingly, eco-friendly agricultural subsidies corresponding to 2012 have not been paid.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 3, 6, 8 (including branch numbers for additional evidence), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the facts seen earlier prior to the determination of the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 1,770,000 for agricultural materials and the damages for delay calculated at the rate of 15% per annum from July 2, 2016 to the day of full payment after the delivery of a copy of the complaint of this case, to the day of full payment, barring special circumstances.

3. Judgment on the defendant's assertion

A. The gist of the Defendant’s assertion is that eco-friendly certification is revoked due to the Plaintiff’s causes attributable to the Plaintiff, such as the Plaintiff’s arbitrary replacement of the agricultural materials supply company, and the payment of subsidies is suspended, and thus,

B. In the event that subsidies for environment-friendly agriculture are not paid, the Defendant agreed to pay the Plaintiff the price of agricultural materials, irrespective of the reasons therefor, and the eco-friendly agricultural subsidy for the portion of 2012 is not paid.

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