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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Counterclaim Plaintiff.
Reasons
1. Facts of recognition;
A. Counterclaim Plaintiff is a company running the intermediate wholesale business of agricultural products in the agricultural and fishery products wholesale market in Songpa-dong 600, Songpa-gu, Seoul. The counterclaim Defendant is a company running the agricultural products consignment business at the above agricultural and fishery products wholesale market.
Article 1 (Observance of Acts, Regulations, etc. and Duty to Participate in Auction) "B" shall comply with the Act on Distribution and Price Stabilization of Agricultural and Fishery Products, the Enforcement Decree of the same Act, the Enforcement Rule of the same Act, the Seoul Metropolitan Government Ordinance on Agricultural and Fishery Products Wholesale Market, the Enforcement Rule, the Regulations of the Seoul Metropolitan Government Ordinance, the Regulations on Comprehensive Wholesale Market Business for Agricultural and Fishery Products in Amdong Seoul Metropolitan Government, and the Regulations on Business of
Article 4 (Payment of Transaction Price) "B" shall pay the price for the traded agricultural products to "A" before the next auction on the following day.
[Provided, That if a person fails to pay due to the circumstances of "A", he/she shall pay "A" on the date specified by "A (10 days, 20 days, and the last day) and, if he/she violates this, "A" shall suspend the transaction and, if he/she fails to continue to pay it after the suspension of the transaction, "A" shall adjust the amount of the security in accordance with due process, and shall adjust the amount of the security not paid.] Article 5 (Sales) "A" may pay a monthly sales incentive to "B" in accordance with the provisions on the payment of sales incentives of "A" within the scope specified
B. On August 23, 2013, the Counterclaim Plaintiff entered into an “Agreement on Trade of Intermediate Wholesalers” with the content that the Counterclaim Defendant would participate in the auction of agricultural products conducted by the Counterclaim Defendant as an intermediary wholesaler (hereinafter “instant agreement”).
The main contents of the instant contract are as follows.
[Ground for recognition: Unsatisfy, Gap evidence 1 (including paper numbers; hereinafter the same shall apply)
(2) Each entry and the purport of the whole pleading
2. The assertion and judgment of the Counterclaim Plaintiff
A. The summary of the Plaintiff’s assertion (1).