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1.The judgment of the first instance shall be modified as follows:
Of the instant lawsuits, the part concerning the claim for payment of KRW 5,500,000.
Reasons
1. Basic facts
A. On November 15, 201, the Plaintiff entered into an agreement with the Defendant on the following terms for the overseas export of agricultural products produced in the former North Chang-gun:
Article 1 [Basic Policies for Export of High-Quality Agricultural Products] (1) The defendant shall cooperate in all matters, such as the securing of agricultural products required for export, the use of distribution facilities, and the use of storage space when necessary.
(3) The plaintiff shall secure export volume according to the export schedule and shall operate the work progress and work cooperation.
B. On November 201, the Plaintiff and the Defendant entered into an export-related contract (hereinafter “instant export-related contract”) as follows for the overseas export of drillings and vegetables produced in ancient cities in accordance with the said agreement:
Article 1 [Standard and Quantity] of the Export-Related Contracts
1.The export specification shall consist of 15km units in the case of large-scale export;
(15kg/1 boxes, 1,029 stuffs/1 container)
2.The volume of the contract shall be at the time of termination of the export, but may be increased or decreased under mutual agreement between the Plaintiff and the Defendant, depending on the export inspection.
Article 2 [Distribution Method] Total Amount of unit price (1 container) per Defendant per package unit amount (1 container) plus 15km 700,000 1,500,000,000 2,200,000 2,200,00
1. The defendant shall settle the cost per unit as follows:
2. The Defendant shall pay to the Plaintiff all the export quantity, excluding the dividend, to the designated passbook and settle the accounts.
C. Meanwhile, on September 25, 2011, the Defendant entered into a drilling supply contract (hereinafter “instant goods supply contract”) with B (representative C) as follows, and at the end of the said contract, the broker of the instant contract is in charge of an agricultural company SshM Co., Ltd. (hereinafter “SshM”). On November 10, 201, the Defendant entered “SshM” and affixed a seal on the following.
Article 1 (Standard of Goods) The goods to be supplied and purchased under this Agreement shall be as follows:
(1) Commodity name: Overseas.